Jason Berkoben, 48, went to the FasterCare Kittanning Urgent Care, complaining of shortness of breath. A doctor there noted that Berkoben was obese, wheezing and unable to speak in complete sentences.
The examining doctor ordered a chest x-ray and later diagnosed Berkoben as having COPD and emphysema.
Berkoben was discharged following instructions to see his primary care physician. Unfortunately, less than two hours later, he suffered a fatal cardiac arrest. He was survived by his father.
Berkoben’s estate sued the treating physician, BHS FasterCare, PLLC and Butler Health System, alleging claims for wrongful death and survival. Among other things, the Berkoben estate argued that the defendants chose not to evaluate Berkoben for an acute pulmonary condition and instead chose not to rule out the most serious potential causes of his symptoms.
Before trial, the parties settled for $1.1 million.
The attorney successfully handling the Berkoben estate was Andrew G. Rothey.
Berkoben v. Dougherty, G.D.-23000724 (Pa. Ct. Com. Pl. Allegheny County)
Kreisman Law Offices has been handling medical negligence lawsuits, wrongful death cases, physician negligence lawsuits and misdiagnosis cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 49 years in and around Chicago, Cook County and its surrounding areas, including University Park, Crestwood, Crete, Steger, Rolling Meadows, Round Lake, Gurnee, Grayslake, Crystal Lake, Cary, Elgin, Aurora, Mount Prospect, Chicago (Rogers Park, Jackson Park, South Loop), Rosemont, Lincolnwood, Skokie and River Grove, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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