Man's family sues doctors after failing to recognise stroke symptoms which left him with life-long disability
The family of a US man have successfully sued a group of doctors after claiming their medical 'negligence' left 34-year-old Jonathan Buckelew suffering from locked-in syndrome.
Back in October 2015, Buckelew had been rushed to North Fulton Hospital after becoming dizzy, disoriented and unresponsive during a chiropractic appointment where he'd been undergoing a neck adjustment (via Atlanta News First).
According to court documents, he was suffering from a brain stem stroke, which doctors failed to diagnose.
As a result, Buckelew failed to receive the appropriate emergency care after being undiagnosed, which left him with locked-in syndrome.
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Locked-in syndrome (LIS) - also known as a pseudocoma - is a rare neurological condition in which the patient is fully aware of their surroundings but cannot move or communicate verbally due to paralysed muscles, only being able to communicate through eye movements, according to the Cleveland Clinic.
Buckelew now uses both blinking and a keypad, which he moves with his nose, to communicate with his loved ones. He also requires constant care, with his parents, Jack and Janice, along with a team of nurses looking after him round the clock.
His family filed a lawsuit several years later against the hospital, emergency room physician Dr Matthew Womack, radiologist James Waldschmidt, neurologist Christopher Nickum, and the chiropractor.
The court at Fulton County heard that Womack had not told Nickum about Buckelew's visit to the chiropractor or his two seizure-like episodes, and according to the family's attorney, Lloyd Bell, Buckelew was 'having a stroke when he came to the hospital, and they missed it'.
"The people who were responsible for reading the radiographs misread it. The ER doctor saw this patient was having all these signs and symptoms of stroke and never called a stroke alert, and they had policies in place that they were supposed to follow certain protocols to reach the correct diagnosis, and they didn't follow their policies and procedures." he continued.
A jury ruled in Buckelew's favour last March, agreeing that Womack and Waldschmit had been 'grossly negligent' after failing to diagnose their patient's condition.
The chiropractor, as well as the hospital and its staff, were not found liable in the case, according to Atlanta News First.
Bell also told press this week following the Georgia Court of Appeals’ decision to uphold its verdict: "This case is heartbreaking because Jonathan’s paralysis and brain damage were completely avoidable.
"If the slew of healthcare providers involved in Jonathan’s care would have acted according to the standard of care, caught and treated his stroke earlier, and communicated more effectively, Jonathan’s life would look entirely different."
Womack and Waldschmidt were both found liable, and the jury awarded the family $75 million in damages.
Buckelew himself was awarded $29 million in both past and future medical expenses, as well as $46 million for pain and suffering, according to court documents obtained by the New York Post.
Womack attempted to appeal the court ruling; however, this was denied. He has since taken his appeal to Georgia's Supreme Court. Meanwhile, Waldschmit also filed an appeal but later withdrew it.
Jack Buckelew said that he feels like 'there's no real justice for somebody who lost every aspect of his life'.
"In spite of his spirit which keeps us going - because he wants to do things, he wants to go places - it just breaks our heart to see him like he is." he continued.
"There are some days where he's like 'pull the plug,' so those are the tough days."
LADbible Group has contacted Tenet Health, which owns the hospital where Jonathan was treated, for comment.
Rhianna Benson