Minnesota Wrongful Death Lawsuit: Mankato Clinic, Doc. Sued For Negligence

08/23/2010 // West Palm Beach, FL, USA // Sandra Quinlan // Sandra Quinlan

Mankato, MN—After an undiagnosed brain hemorrhage proved fatal for a young female patient, her mother filed a lawsuit seeking damages for her daughter’s alleged wrongful death. The pending wrongful death litigation names the Mankato Clinic, as well as clinic neurologist Dr. Lisa Davidson, as defendants, according to a Saturday, August 21, 2010 Mankato Free Press report.

Reports stated 20-year-old Elizabeth Moen responded to the Mankato Clinic on January 21, 2008 after experiencing an acute and ceaseless headache, along with nausea, diarrhea, and a stiff neck. Dr. Davidson evaluated Moen and determined she was suffering from migraines. The lawsuit alleges no tests were conducted.

While Moen went home after her first visit to the hospital, her symptoms persisted. She went back to the Mankato Clinic on February 4, 2008, complaining again of headaches and other ailments. Nonetheless, Dr. Davidson prescribed Moen more pain medications.

According to a civil complaint filed by Moen’s mother, Rebecca Joecks, “Doctor Davidson did not order that Ms. Moen return for a follow-up examination and never warned Ms. Moen or instructed her about the possibility that her condition was something other than migraine headaches.”

The complaint further alleges, “These markers were all classic symptoms of a subarachnoid hemorrhage.” Moen was taken to Immanuel St. Joseph’s Hospital on February 14, 2008. However, this time her symptoms included convulsions.

Moen underwent a CT scan, which detected a brain hemorrhage. She was then airlifted to Rochester-based. St. Marys Hospital. Sadly, Moen was pronounced brain dead upon arriving at St. Marys. She was kept alive until February 15, 2010, so her organs could be donated.

The complaint contends, “As a direct and proximate result of defendant Davidson’s negligence, Elizabeth Moen’s developing subarachnoid hemorrhage was not diagnosed and treated, and directly resulted in her death.”

Such negligence included Davidson’s alleged failure to notice that Moen might be suffering from a brain hemorrhage, order further tests to prove or disprove such a possibility, and ask Moen and her mother whether their family had a history of migraine headaches.

The attorney representing the Mankato Clinic contested such claims, noting his clients are seeking dismissal of the lawsuit and would apparently like the Joecks to pay for their legal fees.

That lawyer alleged, “Our hearts go out to the family of Elizabeth Moen for their loss… The death of a family member is unfortunate and tragic, but, in this care, the care provided to Ms. Moen by Dr. Davidson was appropriate and met the standard of care.”

The case continues.

Legal News Reporter: Sandra Quinlan– Legal News for Minnesota Wrongful Death Attorneys.

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