Facts

This is a medical malpractice wrongful death case arising out of the death of Kirby Smith, age 60, husband and father, who died while awaiting heart bypass surgery at Scripps Memorial Hospital in La Jolla.

Kirby Smith had undergone a cardio catheter procedure to determine the type of heart surgery that would be performed. In that procedure, a perforation of the peritoneum occurred. Over the next 48 hours, despite ongoing complaints of pain, dizziness and other symptomology, which indicated that there was a perforation, the perforation went untreated. The patient went into cardiac arrest two days later while in the hospital and was rushed to the operating room, where the heart surgeon, believing that the arrest was due to his heart condition, completed a bypass successfully. However, severe internal bleeding in the abdomen could not be contained and the patient died on July 23, 2005.

At the time of his death, the decedent had retired from the San Diego Gas & Electric Company.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the hospital was negligent in failing to follow up on the orders written by the defendant surgeon requesting an ultra sound of both the groin and pelvis a day after the cardio catheter procedure and as a result of the symptoms reported by the plaintiff. Plaintiff further contended a CT scan of the abdomen should have been ordered.

The defendant surgeon relied on a telephone call from the nurse that the results of the tests were negative, rather than reviewing the report himself, when in fact only the ultrasound of the groin was performed, and there was no ultrasound of the pelvis.

DEFENDANTS' CONTENTIONS:
Defendant hospital contended that while the order could be interpreted as seeking two tests, standard reading is for one ultrasound and therefore there was no negligence.

Result

The case settled for $225,000. Prior to the settlement with the hospital, Dr. Vazquez and Dr. Stahl were both dismissed from the lawsuit.