Jury Awards Widow $2.2M in Malpractice Suit
A Suffolk, Virginia jury awarded a widow and her children $2.2 million this week in a medical malpractice lawsuit alleging doctor and nurse negligence.
The jury verdict ended a trial against Family Medicine Associates, Dr. David F. Waller, and nurse
Elizabeth Ann Proctor.
The suit was filed after the death of Derek S. Dokes, in November of 2003. It alleged that the doctors and nurses acted negligently in caring for the 34-year-old man in the days before he died.
According to the complaint, filed by Dokes’ wife Angela, Dokes had chills, a high temperature, leg pain, and shortness of breath when he first visited the doctor at Family Medicine Associates
Dr. Waller sent Dokes home from his first visit with painkillers, anti-inflammatory treatment, and muscle relaxers.
Dokes returned three days later and again received no lab analysis or physical exam. He was once again sent home with painkillers, according to the complaint.
Dokes was rushed by ambulance to Sentara Obici Hospital where he died of strep infection-related organ failure later that night.
Derek S. Dokes was supporting five children working as an insurance company manager, said Angela Dokes’ attorney Lawrence Woodward.
The jury awarded Angela Dokes and her children $2.2 million, but that amount will be lowered to $1.7 million, which is Virginia’s cap for medical malpractice lawsuit awards.
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