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PENNSYLVANIA RECORD

Friday, October 4, 2024

Suit: Negligent care at UPMC McKeesport led to death of plaintiff's father

Lawsuits
Harryscohen

Cohen | Harry S. Cohen & Associates

PITTSBURGH – A Western Pennsylvania woman alleges that the University of Pittsburgh Medical Center at McKeesport was negligent in its care of her late father, after he suffered a pair of heart attacks which ultimately claimed his life.

Jamie Toth (individually and as Administratrix of the Estate of John William Cox) of McKeesport filed suit in the Allegheny County Court of Common Pleas on July 22 versus UPMC and UPMC Health System of Pittsburgh, plus UPMC McKeesport, of McKeesport.

“On Feb. 2, 2022, Cox presented to the UPMC McKeesport Emergency Department around 4 p.m. with complaints of chest pain, shortness of breath, sweating and discomfort. Plaintiff Toth reported to hospital staff that Cox began complaining of chest pain around 3 p.m. Cox was taken to the hospital by his daughter, Toth, because he was unable to take himself to the hospital due to his condition,” the suit says.

“Upon arriving to UPMC McKeesport, Toth repeatedly asked a staff member at the hospital to see her father, because he was in significant pain, as well as experiencing a shortness of breath, sweating and discomfort. Toth was frightened because she believed her father was experiencing a heart attack. According to the medical record, at 4:14 p.m., a staff member at the hospital took Cox’s vital signs, after which Cox remained in the waiting room, waiting to be seen by a physician. Toth pleaded with hospital staff on several occasions for her father to be seen by a physician, fearing that the hospital was negligently taking too long to treat her father’s condition and that he may die as a result.”

The suit continues that Cox was not seen by a physician until 5:30 p.m., and during a time when he was waiting for a hospital-ordered EKG, High-Sensitivity Troponin test and a chest X-Ray, he became unresponsive and suffered cardiac arrest.

Despite multiple rounds of CPR, endotracheal intubation, Cox suffered a second round of cardiac arrest – and further despite the efforts of the hospital’s Rapid Response Team, Cox passed away at 8:23 p.m. After his death, an emergency room physician noted the most likely cause of death was “acute coronary thrombosis.”

“The preliminary cause of death listed in the death summary was myocardial infarction. The cause of death listed on the death certificate was acute myocardial infarction. After having pleaded with hospital staff for over an hour for her father to be seen, Toth then witnessed the futile attempts of hospital staff to resuscitate her father,” the suit states.

“Plaintiff Toth watched as her father became unresponsive and after hospital staff performed multiple futile attempts of resuscitation, she watched her father ultimately pass away. On Feb. 12, 2022, Cox’s wife received a letter from the Director of Patient Safety at UPMC McKeesport, which stated, ‘The purpose of this letter is to confirm that during John’s recent stay beginning Feb. 2, 2022, he presented to the emergency room with chest discomfort and testing was ordered, but was not necessarily carried out as timely as our protocols suggest.’ The actions and inactions of the hospital and its staff were negligent, grossly negligent, reckless, outrageous and demonstrated a conscious disregard for the rights and safety of plaintiff’s decedent.”

For multiple counts of survival, wrongful death, direct negligence, professional negligence and negligent infliction of emotional distress, the plaintiff is seeking, jointly and severally, compensatory and punitive damages in excess of the jurisdictional limits of compulsory arbitration, plus costs and interest.

The plaintiff is represented by Harry S. Cohen, Todd D. Bowlus and Benjamin E. Cohen of Harry S. Cohen & Associates, in Pittsburgh.

The defendants have not yet retained legal counsel.

Allegheny County Court of Common Pleas case GD-22-009192

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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