A diabetic patient reached out to his internist with flu-like symptoms, including shortness of breath, persisting for several days. The internist, suspecting a respiratory infection, prescribed antibiotics over the phone. However, that same evening, our client stopped breathing, prompting emergency medical services (EMS) to rush him to the hospital, where he later passed away.

The cause of death was identified as a pulmonary embolism resulting from a deep vein thrombosis. We argued that the doctor failed to consider the possibility of a pulmonary embolism and should have initiated immediate treatment.

Our client was survived by his wife and young son, who sought justice, leading to the case’s settlement before trial in the Bronx.