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9/25/06
Jury Rules Doctor Negligent in Death
By KEVIN KEARNEY
HONESDALE - A Wayne County jury ruled Thursday that a Wayne Memorial Hospital doctor
was negligent in a patient's death and his estate is entitled to $345,357.
The jury said the plaintiff, Donna Geraghty of Lake Ariel, wife of the late Timothy
Geraghty, 40, and administrator of his estate, is entitled to $137,890 under the
wrongful death statute and $207,467 under a survival action. The jury ruled the defendant,
Philip Gutherz, M.D., an agent of Wayne Memorial, was 63 percent negligent and the
decedent 37 percent contributory negligent, meaning the award will be reduced by
37 percent.
The decision came after a day-long trial before President Judge Robert Conway.
Wayne Memorial Health System CEO David Hoff released a statement Friday saying, "What
happened in this case is certainly a tragedy for the family involved. I can't comment
on the case itself at this point, because I have not been informed yet of the details
of the verdict and damages. I will say that the physician has an excellent reputation
in the community and with Wayne Memorial Hospital, making this case particularly
sad for all parties concerned."
He added, "Again, no one can bring back a life. We extend our deepest sympathies
to the family."
Philadelphia attorney David J. Colleran, who represented Geraghty, said Friday he
was pleased with the jury's decision regarding Gutherz but disappointed the jury
found Geraghty contributory negligent. He also said he was disappointed that there
was no award for pain and suffering or for Geraghty's daughter, on whose behalf the
action was brought.
According to the lawsuit, which was filed in April 2005:
Timothy Geraghty went to Wayne Memorial on Oct. 17, 2003, complaining of shortness
of breath, dyspnea, chest pain and other symptoms. At the time he had several cardiac
risk factors, including a long smoking history and a family history of cardiac disease
and obesity.
He was placed under the care of Gutherz, who noted that Geraghty had suffered multiple
episodes of dyspnea while at rest within the prior 48 hours and also was suffering
from periods of diaphoresis, tachycardia and hyperventilation. Gutherz ordered multiple
studies, including an electrocardiogram, chest X-ray, chest CT scan and blood work.
Gutherz could not determine the precise cause of the symptoms, but thought they may
be related to chronic pain medication Geraghty took for a back injury. Although Gutherz
had not established a definitive diagnosis, he was preparing to discharge Geraghty.
But Geraghty's wife, Donna, observed that her husband was reporting low oxygenation
levels and demanded he be admitted to the hospital. Geraghty was admitted overnight
on Oct. 17.
Although Gutherz did not personally evaluate Geraghty at any time on Oct. 18, he
ordered the patient be discharged that day. When a nurse told this to Donna Geraghty,
she strongly objected because her husband was pale, lethargic and short of breath.
The nurse agreed and called Gutherz to question the discharge instruction. The nurse
also requested Gutherz order nitroglycerin for Geraghty. The doctor became angry
with the nurse for questioning his instructions and refused to order the nitroglycerin
or keep the patient in the hospital.
Geraghty was discharged later that day. He was given a prescription for a two-dimensional
echocardiograrn and instructed by the nurse to maintain a low cholesterol diet. No
further recommendations or instructions were given.
Also, Geraghty was not advised to undergo or consider a nuclear stress test or any
type of diagnostic study, other than the two-dimensional echocardiogram. He also
was not prescribed medication to address his hyperlipidemia or other medical conditions,
nor was he given any referrals or recommendations for follow-up care.
Geraghty underwent a two-dimensional echocardiograrn on Oct. 20. He expected that
Gutherz would communicate the results to him and provide further treatment recommendations,
but the doctor never did.
On Nov. 4, 2003, Geraghty developed severe chest pain, diaphoresis and chills. He
was taken to Wayne Memorial and an electrocardiogram revealed evidence of an acute
anterior wall myocardial infarction.
Shortly after, Geraghty developed severe bradycardia and extreme anxiety. His condition
deteriorated and he died Nov. 5, 2003. An autopsy revealed significant atherosclerotic
coronary artery disease in several of his coronary arteries. The official cause of
death was determined to be acute myocardial infarction.
The suit cited numerous examples of the negligence including failing to properly
diagnose the condition, failing to take a complete and comprehensive medical history,
failing to perform numerous tests and studies, failing to personally evaluate the
patient before discharge, and failing to provide adequate and comprehensive discharge
instructions.
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