Emergency Medicine Ohio Jury Award

A Summit County, OH, jury awarded $4.58M to the estate of Nakeyia McMichael in litigation against Dr. John Pakiela and the Emergency Department of Akron General Medical Center. Mrs. McMichael died from untreated brain swelling 24 hours after being discharged from the hospital.  John Pakiela, DO, was the attending and supervising physician responsible for incorrectly diagnosing a simple migraine headache. The Summit County Court of Common Pleas jury found that Dr. Pakiela did not follow the duty of care in the diagnosis and treatment of Mrs. McMichael.  Upon admittance in June 2012, she and her husband reported to the triage nurse that she had a history of lupus, and had been told in an earlier hospital stay that she has “swelling” in her head.  Unfortunately, no one ordered brain imaging, administered medications to treat brain swelling, requested a neurology consult, or reviewed her previous medical records.

Emergency medicine expert witnesses are experienced in evaluating the diagnosis and treatment in complex cases such as this.  Emergency medicine physicians treat many life-threatening medical conditions and litigation in this area often involves a missed diagnosis. The ER doctor must make decisions and start treatment immediately.  They examine the patient, take a medical history, decide which tests to order, make a diagnosis, determine treatment and decide whether to admit the patient to the hospital or treat her and send her home.

The ER expert witness is critical in explaining technical details involved in diagnosis and treatment to a jury. In this case, Mrs. McMichael was misdiagnosed, sent home, and passed away the next day. Dr. John Pakiela and the Emergency Department of Akron General Medical Center were found negligent in her care. The Emergency Department of Akron General was operated by General Emergency Medical Specialists, Inc., a medical corporation that employs emergency room physicians.

Contact ELITE Medical Experts to find an experienced emergency medicine expert for your case.

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