Doctor, hospital prevail in 5-day malpractice trial
Posted on Saturday, August 30, 2008
A Lincoln doctor and Washington Regional Medical Center staff are not negligent in the death of a Prairie Grove woman who died during ankle surgery, a jury found Friday.
A Washington County jury deliberated for about an hour and 20 minutes Friday afternoon following a fiveday malpractice trial before deciding that Dr. Susan Portis Ferguson and the hospital were not at fault.
The family of Margie Foren of Prairie Grove claimed in the lawsuit that doctors and the hospital were negligent for not monitoring the oxygen level in Foren's blood. She died on Oct. 30, 2005. She was 55 years old.
The lawsuit blames Ferguson and the hospital staff for ignoring Foren's history of medical problems that included diabetes, high blood pressure and a kidney transplant.
The Foren family's attorney and expert witnesses claimed that she died from respiratory failure and this could have been prevented with a monitoring device that was not used.
Attorneys for the doctor and hospital argued that Foren died from sudden, unexpected cardiac arrest that could not have been prevented, citing the autopsy report and expert witnesses. They argued that blood oxygen monitoring was not a required protocol for this patient.
The family believes that, regardless of protocol, medical professionals should realize the importance of taking special precautions to protect patients.
"This was never about the money," said Andrea Foren, the daughter of the deceased. "Even though the jury did not come back in our favor, I think it is important that medical professional take special precautions to protect their patients."
"It's never a bad thing to take extra precautions," Foren said.
The doctor is glad to get this difficult lawsuit behind her.
"It was a tough situation for everyone," said Ferguson. "I do appreciate all the time and attention the jurors put into it."
Her attorney said during closing arguments that Ferguson deeply regrets losing this long-time patient who she considered to be a friend.
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