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Beebe faces lawsuit after man dies in waiting room

When body was discovered, rigor mortis had set in
September 21, 2012

Beebe Medical Center and Sussex Emergency Associates face a civil lawsuit filed by parents of a man who died in a hospital lobby while waiting for a ride home. His death wasn't discovered until the next day.

Melvin A. Dillard Jr. called 911 June 26 because he was experiencing chest pains, according to a lawsuit filed by his parents Sept. 10 in New Castle Superior Court.

Paramedics transported Dillard to Beebe Medical Center and arrived at about 5:30 p.m. Emergency room doctors noted an abnormal heart reading "consistent with an impending cardiac event," but they discharged Dillard after advising him to follow-up with his cardiologist, court documents state.

While waiting in the emergency room lobby for a ride home, Dillard had a heart attack and died, court records state.

"The decedent's lifeless body remained in the emergency room waiting area until he was found the next day. At that time, rigor mortis had set in and the decedent was brought back into the emergency room where he was pronounced dead," court documents state.

Dillard's parents, Marcinda and Melvin Dillard Sr., charge the hospital with medical negligence resulting in the wrongful death of their son.

Kelly Griffin, director of marketing and communications for Beebe Medical Center, said the hospital is prevented from releasing specific information about the case by federal law. State and federal agencies, however, investigated the case, she said.

"A patient came into the Beebe Medical Center emergency department and was seen, treated appropriately following all protocols, and was discharged in stable condition. While sleeping in the lobby waiting for a ride, the individual passed away," she wrote in a press release.

The Dillards contend in the lawsuit that Beebe Medical Center, Sussex Emergency and employees at both organizations failed to evaluate, consult and test Dillard for his heart condition and that directly contributed to his death.

"As a result of the delay in treatment and the misdiagnosis and a failure to admit the patient to the hospital, the decedent's cardiac condition went unrecognized and untreated, which caused the decedent to suffer a cardiac arrest resulting in his death," the lawsuit states.

Marcinda and Melvin Dillard Sr. are seeking compensation for costs related to their son's funeral, medical expenses, the economic losses resulting from their son's death and pain and suffering. They are asking for a jury trial.

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