Wrongful Death Lawsuit Filed Over Failure to Diagnose Brain Hemorrhage

A Minnesota mother has filed a medical malpractice lawsuit against a clinic that allegedly failed to diagnose a brain hemorrhage that eventually led to her daughter’s death. 

The wrongful death lawsuit was filed last month against Dr. Lisa Davidson and Mankato Clinic in Mankato, Minnesota by Rebecca Joecks, whose daughter, Elizabeth Moen, died in February 2008.

According to the complaint, Elizabeth Moen, 20, went to the clinic more than three weeks before her death complaining of severe headaches, vomiting, diarrhea and neck pain. Moen was admitted to the clinic on January 21, 2008, and discharged four days later after Davidson, a clinical neurologist, determined that Moen was suffering from migraines. The claim accuses Davidson of failing to conduct a test that ruled out subarachnoid hemorrhage and alleges that Moen’s symptoms were classic signs of the condition, which Davidson should not have missed.

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Moen returned to the clinic on February 4, 2008, and Davidson prescribed her more pain medication and again failed to check for a serious problem, the lawsuit maintains. Moen returned a final time on February 14, suffering from convulsions and nausea as well as headaches. The hemorrhage was diagnosed by CT scan, and she was airlifted to another hospital where she was declared brain dead and kept on life support long enough for her organs to be donated.

A brain hemorrhage, or internal bleeding in the brain, is a type of stroke that occurs when an artery in the brain bursts, resulting in bleeding that kills brain cells. Prompt treatment and diagnosis of a brain hemorrhage are important factors in survival.

Joecks’ lawsuit accuses Davidson and the clinic of negligence and failing to meet established medical standards of care. The lawsuit claims that Moen’s death may have been avoided if Davidson had ordered the proper tests the first, and possibly second, time Moen was admitted to the clinic.

According to a report by the Associated Press, the clinic has issued a statement saying that Davidson’s treatment of Moen met standards of medical care.

1 Comments

  • MonicaSeptember 8, 2010 at 5:49 pm

    I agree that the standard of care was not met. An MRI or CT scan would have seen the hemorrhage and could have resulted in brain surgery to remove the pressure on the brain. Had this surgery been done in a timely manner I have no doubt the outcome would have been positive. These tests are a first order of business when a patient presents with these symptoms for the purpose of ruling out a bleed in[Show More]I agree that the standard of care was not met. An MRI or CT scan would have seen the hemorrhage and could have resulted in brain surgery to remove the pressure on the brain. Had this surgery been done in a timely manner I have no doubt the outcome would have been positive. These tests are a first order of business when a patient presents with these symptoms for the purpose of ruling out a bleed in the brain. If medication failes and the symptoms persist, it's obvious that there is a need for further investigation. A migraine that lasts 2 weeks is suspicious and to simply prescribe more pain medication is a failure to treat appropriately.

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