Neely v Murthy

Outcome: $800,000 jury verdict for wrongful death

Description: A 32 year old daughter, and only child, died because of negligent medical care. Kimberly Neely came under the care of Dr. Murthy, a pulmonary doctor, for shortness of breath. This physician was negligent because she failed to order the proper test for pulmonary embolism. The correct test was a simple CT pulmonary angiogram. This negligent treatment continued for months. Eventually Dr. Murthy received a telephone call from another doctor, who was also treating Kim for different medical reasons. This doctor told Dr. Murthy that Kim was having a very hard time breathing, and recommended for Dr. Murthy to see Kim. Dr. Murthy did not. Kimberly tragically died 2 days later from a pulmonary embolus. Had the CT test been done the pulmonary embolus would have been found and successfully treated. Kimberly would be alive. Kim's parents sued Dr. Murthy for the negligent medical care of their daughter and only child. A jury in Prince George's County, Maryland agreed Dr. Murthy committed medical malpractice and awarded damages of $800,000. This included the emotional injuries the parents have suffered and will suffer in the future for the loss of their daughter and only child. The verdict also included an award to Kimberly's estate for her conscious pain & suffering resulting from the pulmonary embolus which killed her. There was expert testimony that dying from a pulmonary embolus is similar to drowning.