Jury Decides In Favor Of Euless family

FORT WORTH --- April 4, 2002 --- The judgment was signed today in a medical malpractice case against Robert Morrow Welch, M.D, a Bedford doctor. In early February, a Tarrant County jury, in a 10 to 2 decision, found Robert Welch and Jerome Douglas Novotny, M.D., two emergency room physicians at Harris Methodist H-E-B, guilty of medical malpractice negligence in the death of Delores McLean, a 30-year-old Euless woman.

The court, after adding prejudgment interest, entered a judgment. The judgment was awarded to Euless resident Simeon Eden McLean, widower, and his two children for the death of his wife and compensation for her pain and suffering and the family's loss of Mrs. McLean's love, affection and society. This is believed to be the largest verdict delivered in medical malpractice death case in Tarrant County according to Miller Weisbrod, LLP, the law firm representing the McLean family.

Dr. Welch was found to be 75% responsible and Dr. Novotny was found to be 25% responsible in the negligent failure to diagnose and treat Mrs. McLean's embolism.

"This case illustrates the death and injury toll attributable to too little testing and too little time spent with patients under the demands of cost efficiency instead of quality care. It is the major problem of our current health care system," said Les Weisbrod, managing partner of Miller Weisbrod, LLP, who represented the McLean family. "This death was entirely preventable and the negligence was inexcusable."

Dr. Welch and Dr. Novotny were found to be negligent in diagnosing and treating Mrs. McLean's pulmonary embolism. Mrs. McLean had visited the emergency room at Harris Methodist H-E-B twice with symptoms consistent with a diagnosis of pulmonary embolism, yet the emergency room physicians at this facility never considered that diagnosis, according to the medical records.

Mrs. McLean was pronounced dead at Harris Methodist H-E-B on July 10, 1996. The immediate cause of death was found to be a massive pulmonary thrombo-embolism.

Miller Weisbrod, LLP is one of the country's preeminent law firms devoted to litigating medical malpractice, pharmaceutical product liability and medical device cases.The firm has tried or settled many successful jury verdicts and settlements on behalf of their clients. Managing partner Les Weisbrod has obtained more medical malpractice punitive damage awards for clients than any other attorney in the United States.