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Friday, April 19, 2024

Widow alleges late husband not properly diagnosed

Lawsuits
Medical malpractice 06

CLEARWATER — A surviving spouse is suing a physician and medical facility, alleging medical negligence in the death of her husband.

Deborah S. Empey, as personal representative for the estate of Walter J. Empey, Jr., and for the benefit of the survivors, filed a complaint Aug. 16 in Pinellas County Circuit Court against Dr. Jordan Messler, and In Compas Health Inc., alleging the defendants negligently discharged Walter Empey Jr. from observation, causing to him to succumb to cardiac death in his bedroom two days later.

According to the complaint, on July 2, 2017, Empey went to defendants' emergency room at Morton Plant Hospital because he was experiencing chest tightness, severe chest pain, alarming respiratory distress and coughing paroxysms since at least the night before. 

Despite informing the defendants of his family history from heart complications, the suit says, the defendants never provided Empey with cardiology or pulmonology consultation and he was released from the hospital. 

After returning home, on July 4, 2017, Empey succumbed to cardiac death in his bedroom due to cardiac hypertrophy and uncompensated respiratory failure, causing Deborah S. Empey to untimely lose her husband. 

The plaintiff alleges Messler and In Compas Health failed to admit an at-risk chest pain patient with acute shortness of breath and a family history of cardiac death to the hospital for proper assessment and treatment and failed to discharge patient safely and properly by communicating a reasonable diagnosis.

Deborah Empey seeks trial by jury, damages of more than $15,000, plus costs, interest and all other necessary and just relief. She is represented by attorneys Wesley T. Straw and Matthew D. Emerson of Emerson Straw PL in St. Petersburg.

Pinellas County Circuit Court case number 18C5402

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