Complaint: Bhimbra v. Southeast Lung & Critical Care Specialists, et al
In the State Court of Chatham County
State of Georgia
JATINDER BHIMBRA as Administrator of the Estate, ofHARVINDER KAUR, deceased, and
SUDARSHAN SINGH,
Plaintiffs,
— versus —
MICHAEL A. ERRICO, DO
SOUTHEAST LUNG & CRITICAL CARE SPECIALISTS, P.C.
JOHN/JANE DOE 1-5,
DEFENDANTS
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CIVIL ACTION
FILE NO. ___________
JURY TRIAL DEMANDED
Plaintiffs’ Complaint for Damages
Nature of the Action
1. This medical malpractice action arises out of medical services negligently performed on Harvinder Kaur on April 24, 2018.
2. As Adminstrator, Plaintiff Jatinder Bhimbra asserts a claim on behalf of the estate of Harvinder Kaur for harm she suffered before she died.
3. Plaintiff Sudarshan Singh asserts a wrongful-death claim pursuant to OCGA Title 51, Chapter 4.
4. Pursuant to OCGA § 9-11-9.1, the Affidavit of Alexander Merkler, MD, is attached hereto as Exhibit 1. This Complaint incorporates the opinions and factual allegations contained in that affidavit.
5. As used in this Complaint, the phrase “standard of care” means that degree of care and skill ordinarily employed by the medical profession generally under similar conditions and like circumstances as pertained to the Defendant’s actions under discussion.
Parties, Jurisdiction, and Venue
6. Plaintiff Jatinder Bhimbra is a citizen of New York. He is one of the sons of Harvinder Kaur, deceased, and brings this lawsuit in relation to the death of their mother as a result of medical malpractice in Chatham County, Georgia. Jatinder Bhimbra submits to the jurisdiction and venue of this Court.
7. Plaintiff Sudarshan Singh is a citizen of Georgia. He is also a son of Harvinder Kaur and brings a wrongful death claim on behalf of himself and his siblings as wrongful-death beneficiaries.
8. Defendant Michael A. Errico, DO, is a citizen of Georgia, residing in Chatham County. He may be served with process at his residence: 16 Breezy Palm Way, Savannah, GA 31406.
9. Defendant Southeast Lung & Critical Care Specialists, P.C. (“Southeast Lung”) is a Georgia corporation. Pursuant to OCGA 14-2-510, Southeast Lung is subject to venue in this Court because (a) it maintains its registered office in Chatham County and (b) the cause of action originated in Chatham County and the corporation has an office and transacts business in that county. Southeast Lung may be served through their registered agent: James A Daly, MD, at 340 Hodgson Court; STE 2, Savannah, GA, 31406.
10. At all times relevant to this Complaint, Dr. Errico acted as an employee or agent of Southeast Lung.
11. If Dr. Errico did in fact commit professional negligence as alleged in this Complaint, then Southeast Lung holds liability vicariously for that negligence.
12. Defendants John/Jane Doe 1-5 are those yet unidentified individuals and/or entities who may be liable, in whole or part, for the damages alleged herein. Once served with process, John/Jane Doe 1-5 are subject to the jurisdiction and venue of this Court.
13. This Court has subject matter jurisdiction, and venue is proper as to all Defendants in this Court.
Facts
14. This Complaint incorporates and relies upon the information contained in the attached affidavit of Dr. Merkler.
15. On the morning of April 24, 2018, Harvinder Kaur went to the Emergency Department at St. Joseph’s Hospital in Savannah, Georgia.
16. Mrs. Kaur was brought there by Effingham County Emergency Medical Services.
17. Mrs. Kaur had suffered an acute change in her neurological status at 11:30 AM. Her grandson called 911, and the ambulance arrived at her home at 11:53 AM.
18. The EMS personnel gave Kaur a presumptive diagnosis of CVA or stroke.
19. The EMS personnel provided their notes — including that presumptive diagnosis — to the hospital.
20. On arrival at the hospital around 12:45 PM, Mrs. Kaur was unresponsive and hypertensive.
21. A CT scan of the head showed no evidence of bleeding or mass within the cranium.
22. The ER physician called the neurologist on call, Dr. Michael A Errico.
23. Dr. Errico’s examination found a skew deviation of the eyes. A skew deviation is an ocular deviation consistent with a stroke of the brainstem.
24. Mrs. Kaur’s blood pressure was noted to be 220/110, also a sign of potential stroke.
25. Dr. Errico did not evaluate Mrs. Kaur using the NIH Stroke Scale (NIHSS) score.
26. Had Dr. Errico performed this evaluation, the NIHSS stroke score would have been 17.
27. Harvinder Kaur was a candidate for intravenous Tissue Plasminogen Activator (“tPA”), a medication injected intravenously to dissolve blood clots and restore perfusion.
28. Mrs. Kaur had suffered a stroke, but was well within the window of opportunity to receive life-saving tPA.
29. Mrs. Kaur’s blood pressure could have easily been lowered to below 185 systolic to meet the guidelines for the infusion of tPA.
30. The next day, April 25, 2018, an MRI scan revealed stroke damage to the posterior fossa of Mrs. Kaur’s brain.
31. The standard of care required Dr. Errico to place stroke on his differential diagnosis, to take the necessary steps to attempt to rule stroke off his differential, and to treat Mrs. Kaur for stroke after confirming a stroke diagnosis.
32. Dr. Errico failed to place stroke on his differential diagnosis, failed to diagnose her stroke, failed to take appropriate steps to treat her stroke, including the administration of tPA, and otherwise failed to provide proper care.
33. Dr. Errico violated the applicable standard of care.
Count 1 – Injuries & Wrongful Death from Professional Negligence
34. Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragrahs of this Complaint.
35. The standard of care required Dr. Errico to diagnose and treat Harvinder Kaur’s stroke.
36. The standard of care required Dr. Errico to treat Mrs. Kaur’s blood pressure and to administer tPA therapy.
37. Dr. Errico violated the standard of care in these respects.
38. These violations of the standard of care caused serious physical injury, including death, to Harvinder Kaur.
39. Dr. Errico is directly liable for his own negligence.
40. Southeast Lung is vicariously liable for the negligence of Dr. Errico, because he was acting within the scope of his employment with, or agency for, Southeast Lung.
41. Mrs. Kaur’s estate is entitled to recover from the Defendants for the physical, emotional, and economic injuries Mrs. Kaur suffered before she died, as a proximate result of the standard-of-care violations identified here.
42. Pursuant to OCGA Title 51, Chapter 4, Harvinder Kaur’s wrongful death beneficiaries are entitled to recover from the Defendants for the value of Mrs. Kaur’s life and for special damages including funeral costs and other direct financial costs suffered as a proximate result of the standard-of-care violations identified here.
Damages
43. Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.
44. As a direct and proximate result of the Defendants’ conduct, Plaintiff is entitled to recover from Defendants reasonable compensatory damages in an amount exceeding $10,000.00 to be determined by a fair and impartial jury for all damages Plaintiff suffered, including physical, emotional, and economic injuries.
45. WHEREFORE, Plaintiff demands a trial by jury and judgment against the Defendants as follows:
a. Compensatory damages in an amount exceeding $10,000.00 to be determined by a fair and impartial jury;
b. All costs of this action; and
c. Such other and further relief as the Court deems just and proper.
Respectfully submitted,
/s/ Lloyd N. Bell
Georgia Bar No. 048800
BELL LAW FIRM
1201 Peachtree St. N.E., Suite 2000
Atlanta, GA 30361
(404) 249-6767 (tel)
bell@BellLawFirm.com
/s/ Lawrence B. Schlachter
Georgia Bar No. 001353
Schlachter Law Firm
1201 Peachtree St. N.E., Suite 2000
Atlanta, GA 30361
(770) 552-8362 (tel)
larry@schlachterlaw.com
/s/Stephen G. Lowry
Georgia Bar No. 460289
Harris Lowry Manton, LLP
410 E. Broughton Street
Savannah, GA 31401
(912) 651-9967 (tel)
steve@hlmlawfirm.com
Attorneys for Plaintiffs