Miller v. Christiana Care Health Services, Inc.

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

KAREN I. MILLER, Individually and
as Representative of the Estate of
LOIS V. CARD, KRISTI WRIGHT,
and ERKKI M. AKKOLA,

Plaintiffs,

CHRISTIANA CARE HEALTH,

SERVICES, INC., IPC HEALTHCARE
INC., and MEGHANA DHAMDHERE,
M.D., Ph.D.,

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v. ) C.A. NO.: N16C-09-115 AML

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,) JURY TRIAL OF 12 DEMANDED
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Defendants. )

Submitted: June 21, 2018
Decided: September 28, 2018

Upon CCHS’s Motion for Partial Summary Judgment: DENIED

1. This medical negligence action arises from treatment a patient
received in the emergency room after experiencing severe chest pain. Among
other claims not at issue in this motion, Plaintiffs contend the tWo emergency room
doctors Who treated the patient negligently failed to diagnose her aortic dissection.
The hospital has moved for summary judgment as to the negligence claims against
the emergency room doctors, arguing Plaintiffs’ experts are not qualified to testify
regarding the standard of care applicable to emergency room physicians The issue
presented in the pending motion is Whether Plaintiffs may rely on the expert

opinions of two doctors Who are not experienced in emergency medicine. Those

doctors have testified that the standard of care for diagnosing aortic dissection is
the same regardless of the treating doctor’s specialty or the setting in Which care is
administered Because l find Plaintiffs have shown that their experts are qualified
to testify regarding the standard of care, I deny the motion for partial summary
judgment.

FACTUAL & PROCEDURAL BACKGROUND

2. The following facts are drawn from the complaint. Lois Card was
admitted to the Emergency Room at Christiana Care Health Services’ Wilmington
Hospital on the morning of March 1, 2015, after experiencing severe chest pain
and difficulty breathing The receiving nurse noted Card continued to experience
chest pain, headache, and non-radiating bilateral pain in her arms. After evaluation
by an emergency physician, an EKG showed Card had an irregular heart rate. A
chest x-ray showed mild vascular congestion, and a cardiac enzyme test showed a
negative troponin reading. At noon that day, Card’s care was transferred to IPC
Healthcare and Dr. Dhamdhere, where Card was diagnosed with chest discomfort
and atrial fibrillation. The same day, at approximately 5:00 p.m., Card came under
the care of Dr. Kathryn Groner, who determined Card needed to be transferred to

the hospital’s heart unit.l Before Card could be transferred, however, she became

 

l Neither the complaint nor the parties’ briefs discuss when Card came under the care of
Nitowski or what manner of treatment he provided. Dr. Nitowski is, however, noted as treating

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unresponsive. Card’s condition deteriorated and she was pronounced dead at
approximately 7:30 p.m. Card is survived by her children, Karen Miller, Kristi
Wright, and Erkki Al