Final Verdict: Despite Death, Hospital Not Responsible

FREE Case evaluation

Serious injuries deserve experienced attorneys

Final Verdict: Despite Death, Hospital Not Responsible

Hospitals process hundreds of patients every day. Their goal is to make sure each patient received the correct diagnosis, the right treatment, and is discharged in better shape than when they entered. It’s a complicated process, and they don’t always get it right. Sometimes, a mistaken diagnosis or missed symptoms can lead to tragedy, as they did in the case of 68-year-old Madeline Sparks. But is the hospital always responsible? According to a Baltimore County jury in February 2019, it’s not always the medical provider’s fault.Final Verdict: Despite Death, Hospital Not Responsible

Madeline Sparks was admitted to Franklin Square Hospital on May 15, 2019, with weakness and internal bleeding. During her stay, she was treated for gastrointestinal bleeding and a minor heart attack she suffered during her stay. She received multiple blood transfusions as well. Doctors attached a camera to an endoscopic probe in an attempt to locate the source of the bleeding, but were unable to do so. They believed further treatment was important, and recommended a capsule endoscopy at discharge.

Capsule endoscopy is a technique in which a tiny wireless camera is placed inside a pill and swallowed by the patient. The camera takes photographs of the patient’s entire digestive tract as it passes through the body, allowing gastroenterologists (doctors who study the digestive and intestinal tracts) to examine tissue for any cuts or signs of infection. In 2015, Franklin Square Hospital wasn’t able to perform capsule endoscopy for inpatients, and so Madeline had to be discharged in order to receive this additional diagnostic work.

Madeline followed up with her family doctor a few days later, on May 26. Shortly after, she began experiencing stomach pain and rapid heartbeat. These hadn’t been present when she was originally admitted to the hospital, or during her stay. When she went back to the hospital, she was found to be seriously anemic, requiring additional blood, and suffered a much more severe heart attack almost immediately after arriving. Although she was treated with a metal stent (a tube placed inside the circulatory system to stop blockage) and transferred to ICU, she soon suffered another heart attack and passed away two days later.

Madeline’s family sued the hospital for medical malpractice. Their attorneys argued that it had been negligent for the hospital to discharge her without identifying the source of her gastrointestinal bleeding, and claimed that if she had remained in the hospital, her blood levels would have been monitored and managed and she would not have suffered another heart attack. They sought medical costs, funeral expenses, and pain and suffering on behalf of Madeline’s estate; they also sought wrongful death damages on behalf of Madeline’s family members.

The trial lasted for six days. Experts disagreed on whether Madeline would have had a better outcome if she had remained in the hospital between May 23 and May 26. It seemed likely that her bleeding would have been better-managed and controlled, but another heart attack was still a possibility. Additionally, further diagnosis by capsule endoscopy simply wasn’t possible while she remained at the hospital, necessitating her discharge. In reaching a determination of no negligence on the part of the hospital, the jury also noted prior medical history of two previous heart attacks, congestive heart failure, coronary disease, a pacemaker, and fifty years as a cigarette smoker. Call an attorney like  Cohen & Cohen if you have questions about your case.

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc

Featured on

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

PRACTICE AREAS

Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

RECENT POSTS

Client Review

"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.

Best Personal Injury Lawyer in DC

SuperLawyers2010
SuperLawyers2011
SuperLawyers2012
SuperLawyers2014

Cohen & Cohen Has Been Featured On

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

10 + 11 =

Read more: