On the third night after surgery, a nurse observed the patient having additional apnea events. In the nurse's judgment, this did not require her to immediately notify the doctor. The patient later died, and plaintiffs argued negligence. A Dorsey litigation team argued that the level of observation was appropriate under the circumstances and that, in fact, the patient died of a sudden cardiac event unrelated to his apnea. After a one-and-a-half week trial, the jury completely absolved the doctors and nurses from any liability.
Absolving caregivers from liability
A patient at a premier clinic had relatively routine surgery and developed brief apnea events in the recovery room and post-op ward.