Death Following Exploratory Surgery: $2 Million Settlement
2024 Medical Malpractice Case Report
By Attorney Willliam J. Thompson
Hampden Superior Court, Springfield, Massachusetts
Lawsuit claims surgeon failed to properly monitor patient and performed unnecessary exploratory laparotomy
The plaintiff’s decedent, age 60, died from a “therapeutic complication” of an exploratory laparotomy surgery.
The plaintiff’s decedent was hospitalized for cellulitis of his right leg in the setting of DVT. He was put on a heparin drip and had a CTA of his lower extremities and abdomen.
The CTA findings included severe colonic diverticulosis with possible mild diverticulitis involving the sigmoid colon, but with no evidence of adjacent pneumoperitoneum. The findings of possible free air resulted in a general surgery consult.
The defendant surgeon documented that the patient had discomfort for the past 2-3 days described as sharp in the lower pelvis, followed by passage of flatus after which the discomfort resolves. The surgeon noted that otherwise it was a benign abdominal exam and the patient was stable. The abdomen was soft, obese, non-distended, nontender to deep palpation throughout and without a hernia. The CTA did not demonstrate the etiology of the free air. There was no wall thickening, no free fluid, and no masses.
Despite the lack of an acute abdomen, or any symptoms evidencing a perforated viscus, the defendant recommended surgical exploration given the significant amount of free air, understanding that the patient was a high surgical risk with a myocardial infarction less than two months ago and COPD.
An exploratory laparotomy demonstrated no etiology for the free air seen on imaging. There was no murky fluid, inflammation, or evidence of perforation, or injury anywhere in the stomach, or small and large bowel.
That evening, the patient reported feeling nauseous, dizzy and diaphoretic. He was complaining of lower abdominal quadrant pain. A CT scan of the abdomen and pelvis demonstrated active hemorrhage and significant intraabdominal hematoma. He was taken to the OR. However, before the surgery was performed, he was unstable and coded and died. His death was noted to be secondary to an acute post-operative hemorrhage.
The plaintiff claimed the defendant 1) failed to have a high index of suspicion for a non-surgical pneumoperitoneum; 2) failed to conservatively manage the patient by putting him in the ICU and monitoring him closely, and 3) performed an unnecessary exploratory laparotomy on a high-risk patient due to his cardiac and vascular disease, and post-op need for therapeutic anticoagulation.
The case settled prior to trial for $2,000,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
Questions about a surgical mistake?
Do you have questions about a possible medical malpractice case involving a surgical error and/or follow up care?
Contact Us - There is no fee or cost to you to have your case evaluated by our qualified medical mapractice lawyers. Call (617) 720-4447 to speak with an attorney today.
Lubin & Meyer PC - Boston’s Innovative Leader in Medical Malpractice and Personal Injury Law
Our medical malpractice lawyers are licensed to practice in: Massachusetts, New Hampshire and Rhode Island.
Return to: Verdicts & Settlements archive
Return to: Lubin & Meyer home page