Family of Deceased Awarded Over 4 Million Dollars in Medical Malpractice Suit

By Thomas Greer | November 18, 2013

Recently, in Houston, Texas, a jury awarded Tracy Windrum and her three children over $4 million in a medical malpractice case involving the death of Mrs. Windrum’s husband due to a tragic misdiagnosis.  Forty-six year old Lander Windrum died due to complications from hydrocephalus, which is a buildup of spinal fluid in the brain.  The team of emergency room doctors provided a correct diagnosis of hydrocephalus, which is readily treated with insertion of a drainage tube, but his treating physician at the North Cypress Medical Center discarded the diagnosis and therefore failed to provide the necessary lifesaving treatment.  His astounding negligence led to the death of Mr. Windrum.

Mr. Windrum visited the North Cypress Medical Center on February 3, 2010.  He presented with slurred speech, a headache, and confusion.  Mr. Windrum had experienced these warning signs four times in the past eight months.  These three symptoms are classic markers for the condition known as hydrocephalus, which is the build-up of cerebrospinal fluid.  This condition is treatable when properly diagnosed.  The North Cypress Medical Center staff performed a CT scan and an MRI, both of which revealed the presence of hydrocephalus.  Dr. Kareh elected to monitor his patient, Mr. Windrum, for 24 hours.  At the conclusion of the 24 hour period, he concluded Mr. Windrum did not in fact have hydrocephalus and him home.

Mr. Windrum returned to the Medical Center, and to his physician Dr. Kareh.  He continued to experience markers of hydrocephalus but Dr. Kareh did not treat him for it.  On May 2, 2010, just three months after a CT and MRI showed Mr. Windrum had hydrocephalus, he died in his home.

Dr. Kareh’s negligence led to the death of this father of three and beloved spouse.  Though his family received a large compensation with the award of $4.2 million, no amount of money can ever bring back their husband and father.  Mr. Windrum’s case illustrates the important principals for Tennessee victim’s of medical malpractice:

  1. Medical malpractice claims can arise from delayed or misdiagnosis—in Tennessee, as in Texas, the failure to properly diagnosis a patient in a timely manner may be grounds for a medical malpractice suit.  In fact, many Tennessee lawsuits arise from a doctor’s failure to diagnose an illness or condition during the critical period of time within which the illness would have been curable or containable.  To be actionable, there must exist more than just the doctor’s failure to properly diagnosis.  A plaintiff must prove: 1) a doctor-patient relationship existed during the time of the error in diagnosis; 2) negligence occurred, i.e. the medical professional breached his standard of care; 3) the patient suffered undue harm as a result of the medical professional’s actions.
  2. Family members of victims of medical malpractice have a right to recovery—if your loved one has died due to medical malpractice, be it a misdiagnosis or otherwise, you may have the right to recover under a wrongful death action.  In Tennessee, damages in a wrongful death case can include: damages such as loss of love and companionship; mental and physical suffering, compensation for medical expenses and funeral expenses, and loss of time.  For plaintiffs like those in the Windrum case, recovery in a wrongful death suit can be substantial.

If you or a loved one has been the victim of a negligent medical provider, the law firm of Bailey & Greer can help.  Bailey & Greer is comprised of a team of highly qualified medical malpractice attorneys, with numerous substantial verdicts in medical malpractice cases across the state of Tennessee.  At Bailey & Greer, we care deeply about each of our clients and will fight tirelessly for their recovery.  Call us today at 901-680-9777 for a free consultation.

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