Settlement Reached in Lawsuit Against Baltimore Hospital and Doctor

By Danny Jacobs

A Dundalk woman reached a confidential settlement earlier this month in a medical malpractice lawsuit against her doctor and a Baltimore hospital, claiming they did not properly diagnose a heart ailment.

Donna Jankowiak, Dr. Diaa Mikhail and Franklin Square Hospital Center came to an agreement July 18 during the fifth day of a trial in Baltimore County Circuit Court before Judge Dana M. Levitz. Joyce M. Notarius of Cadeaux, Taglieri & Notarius P.C. in Washington, D.C., who represented Jankowiak, declined to comment because the settlement was confidential.

Jankowiak felt “arm pain radiating to her chest” the morning of Nov. 19, 2004, and went to see Mikhail, according to her complaint filed in April 2007. According to the complaint, Mikhail performed an electrocardiogram, or EKG, which he found normal, and prescribed her medication.

After Jankowiak’s pain continued, she went to the emergency room at Franklin Square where another EKG was performed before 1 p.m. and again found to be normal, according to the complaint. It was only when a second hospital EKG performed six hours later came back abnormal that a cardiologist was called to treat Jankowiak, according to the complaint.

Jankowiak suffered a myocardial infarction — an interrupted supply of blood to the heart — causing permanent heart damage and leading to additional medical treatments, including surgeries, the complaint stated.

Trace G. Krueger of Baxter, Baker, Sidle, Conn & Jones P.A. in Baltimore, who represented Mikhail, and David A. Levin of Wharton Levin Ehrmantraut & Klein P.A. in Annapolis, who represented Franklin Square, did not return calls seeking comment.

Originally published by Danny Jacobs.

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