Case Description
On December 23, 2003, the Plaintiff's Decedent, Jane Doe, presented to the Defendant Anonymous Doctor with complaints of cough, body ache, as well as headache. The Defendant diagnosed an upper respiratory infection and prescribed Robitussin AC.

The following day, December 24, 2003, the Plaintiff's Decedent called the Defendant's office and reported that she had a significantly elevated temperature of 103°F and was feeling even worse. Contrary to the standards of care, the Defendant failed to see the Plaintiff's Decedent. On December 26, 2003, the Plaintiff's Decedent returned to the Defendant's office with ongoing complaints of nausea, diarrhea and a fever of 103°F. However, after a cursory examination, the Defendant again instructed her to return home.

The next day, December 27, 2003, the Plaintiff's Decedent experienced difficulty breathing. She was taken to a local hospital by ambulance. Notwithstanding the fact that she was admitted and heroic efforts were made, she died as the result of pneumonia which the Defendant Anonymous Doctor had totally misdiagnosed and totally mistreated.

The Plaintiff alleged that when the Plaintiff's Decedent presented to the Defendant's office, she was suffering with a serious pneumonia and had a history of Chronic Obstructive Pulmonary Disease (COPD). The Defendant knew of her history and should have performed appropriate tests, studies and an examination. However, due to his negligence, he simply concluded that the Plaintiff's Decedent suffered with the flu and sent her home. The pneumonia was permitted to progress, and the Plaintiff died, leaving a husband and a son.