A male patient with chronic obstructive pulmonary disease (COPD) was managing his condition at home with medications and a BiPAP machine. On occasions when his condition worsened, resulting in hypercapnia and associated confusion due to elevated CO2 levels in his blood, he required hospitalization for additional medical support.
During one such hospitalization, the attending physicians failed to recognize the patient’s symptoms and did not adhere to established protocols for managing hypercapnia. Instead, they administered sedatives and restrained the patient to his bed due to his confusion and agitation—symptoms directly related to his elevated CO2 levels. Tragically, the patient died as a result of hypercapnic respiratory failure, and the medical staff did not accept responsibility.
Our firm conducted an in-depth investigation, uncovering that the patient had been administered sedative medications to which he was known to be particularly sensitive. Furthermore, the physicians deviated from the standard care typically provided to address his CO2 retention. After a lengthy jury trial, the jury returned a verdict of $1,000,000 in favor of the patient’s estate. The verdict was later upheld by the West Virginia Supreme Court of Appeals.
Type of Medical Malpractice: Failure to Properly Manage Hypercapnia in COPD Patient
Standard of Care Issues:
- Recognition and appropriate management of hypercapnic symptoms
- Avoiding the administration of contraindicated sedative medications
- Adherence to established protocols for treating CO2 retention