Failure to Diagnose Perforated Intestine: $1.5 Million Settlement
2018 Medical Malpractice Trial Report
Wrongful death lawsuit alleged 58 year old man should have been admitted to the hospital for abdominal CT scan and surgical consult
On 5/10/13, at 8:22 p.m., the decedent presented to the emergency department with complaints of severe abdominal pain (7-8/10) and nausea since 4:00 p.m. that same afternoon. He was examined by the emergency medicine defendant approximately 45 minutes later. On physical examination, his abdomen was noted as diffusely tender with normal bowel sounds, no rebound and no guarding. There was mild distension with no flank tenderness and no tympany. A STAT abdominal x-ray film for evaluation of a small bowel obstruction was ordered. He was given medication for pain and nausea.
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At approximately 9:51 p.m., the abdominal x-ray was completed and the decedent returned to the emergency room to await re-evaluation by the defendant. He continued to complain of 7/10 abdominal pain. At this time of night there were no radiologists available to review plain films and the emergency medicine physicians performed their own reviews of these films. The films were then re-reviewed in the morning by radiology. The defendant reviewed this film and determined it to be normal with no findings of SBO. At approximately 10:45 p.m., the defendant re-examined the decedent and discharged him with a diagnosis of acute abdominal pain and constipation, and recommended magnesium citrate and/or fleets enema.
Plaintiff’s expert reviewed the 5/10/13 abdominal x-ray study and was prepared to testify that it was abnormal and showed findings of possible air fluid levels indicative of a perforation. The decedent should have been admitted, had an abdominal CT scan done and a surgical consult immediately.
Approximately 8 hours after his discharge, the decedent returned to the emergency room complaining of diffuse abdominal pain and vomiting. His abdominal exam was abnormal and CT scan revealed a large amount of free air and fluid within the intraperitoneal cavity, consistent with a perforated viscus. The plan was to take him to the operating room, however, his condition progressed rapidly due to the abdominal catastrophe and he died that day.
The case settled in the months before trial for $1,500,000.
Worcester Superior Court
Attorneys representing the plaintiff: Andrew C. Meyer, Jr. and Krysia J. Syska, Lubin & Meyer PC.
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