The Court of Appeals in Nashville refuse to dismiss a health care liability case that a local doctor has filed an appeal on. The case dates back to 2007 when Vicki Rogers went to what was once called Middle Tennessee Medical Center and visited the Emergency room with chest pains, left arm and shoulder pain and nausea and vomiting. Rogers was seen by Dr. Kevin Bonner, who is named in the suit.

After two EKG’s that both returned “abnormal,” Dr. Bonner discharged Rogers with a diagnosis of “Chest Pain: Uncertain Cause.” Prior to discharge, Dr. Bonner consulted with Dr. Paul Jackson, the on-call cardiologist. Dr. Jackson recommended the patient be sent home and follow up with him. Dr. Bonner then advised Rogers to make arrangements for a “Stress Test” two days later with Dr. Jackson. The test was set for noon the following day.

According to court records, Rogers died the day of the test, before the test could be administered. The family of Rogers told the courts that Dr. Bonner suggested she see Dr. Jackson on February 5th, but she was not scheduled to be seen until February 6th, the day she died.

The family asserted that Dr. Jackson and his staff delayed in the appointment that was recommended for February 5th, but instead set for February 6th.

The case proceeded to trial in 2013 and the jury returned a verdict against Dr. Jackson in the amount of $973,790.87. Dr. Paul Jackson then filed a motion to alter or amend the judgment, requesting that the court deny the motion. The Court of Appeals denied that request. Nearly one million dollars is now due to the Rogers family, according to court documents released this week (5/19/14).

Source:

Court Case No. M2013-02357-COA-R3-CV - Filed May 19, 2014