By By Mark MahoneyUpdated February 16, 2018 07:09:17Seattle malpractice lawyer Dr. Mary Dowbaks lawsuit against a malpractice insurer is the latest in a long string of cases brought against insurance companies that are suing for negligence.
Dowbs lawsuit, which seeks more than $100 million, alleges the insurer, Seattle Medical Insurers Company (SMIC), is liable for a lack of care to a patient who died from a hemorrhagic illness.
“The facts are as follows,” Dowbakis lawsuit says.
“On April 2, 2016, a patient of SMIC was admitted to the ICU at Harborview Medical Center with severe hemorrhagic acute flaccid paralysis, a potentially life-threatening condition.
The patient, known as ‘Dr. Dow’ at the time, had been in the ICUS for over a year.
Dr. David Dow was the primary care physician for this patient, and Dr. D.J. Dow, his patient, was a primary care specialist at Harbor View Medical Center.”
The lawsuit goes on to allege the hospital, while aware of the seriousness of the condition, failed to properly supervise Dr. Dorian Dow and failed to keep him informed of all the care he was receiving.
The lawsuit also says the hospital failed to offer medical help and care to the patient during the three-week period that he was hospitalized.
The hospital “failed to conduct any proper examination of the patient,” the lawsuit says, citing the hospital’s own records.
“Upon arriving at the hospital for care, the patient, who was not yet dead, was transported to the hospital emergency room, where he was treated with intravenous fluids and antibiotics, and was given a blood transfusion,” the suit states.
“After the transfusion, the blood was removed and placed into a patient-specific needle, which was used to collect the blood for further testing and treatment of the disease.”
Dr. Doryan Dow is pictured in this undated photo released by SMIC.
Source SMIC via AP file A hospital employee is pictured on March 31, 2018 in San Jose, California.
Source David Paul Morris/Bloomberg via Getty ImagesThe lawsuit says the case against SMIC is “clearly not a frivolous claim” and that it has been filed by “an experienced malpractice litigator and an experienced malcontent.”
It is unclear if the lawsuit will succeed, but it is clear that the lawsuit is raising questions about the health of some of the world’s biggest insurance companies.
In October 2017, the U.S. Supreme Court ruled in favor of American health insurer Anthem, ruling that the government could not regulate health insurers.
A year later, American Express took the same step, but the Supreme Court overturned that decision.
In November, Anthem announced that it would be laying off more than 1,000 employees.