Defense Verdict: Ordinary Negligence In Operation of Cardiac Stress Test
Partner Dan McGrew obtained a defense verdict in DeKalb County during his representation of a local cardiology practice. The case involved the administration of a cardiac stress test and the use of a treadmill. The Plaintiff alleged at trial that the cardiology practice’s employees were negligent in administering the test in that they (1) failed to properly advise her regarding the increase in treadmill speed and that (2) once she was unable to maintain the increased speed, the cardiology practice employees failed to take proper action to prevent her from falling off the treadmill. Plaintiff claimed she suffered injuries to her neck, low back, and lower extremity, resulting in a permanent impairment. In defending Plaintiff’s claims, Dan successfully showed that the cardiology practice’s employees who administered the treadmill test carefully monitored the plaintiff, counseled her extensively regarding the test, and administered the stress test accordingly to industry standard. He demonstrated that the Plaintiff was responsible for her own injuries and not as a result of the manner that the test was administered. He also demonstrated that the Plaintiff’s injury complaints were long standing problems that pre-dated her fall from the treadmill.