Christopher Bowen v. Anathram Reddy, M.D., Raed Al Naser, M.D.
Published: Oct. 15, 2011 | Result Date: Aug. 31, 2011 | Filing Date: Jan. 1, 1900 |Case number: 37-2010-00091061-CU-MM-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Barton H. Hegeler
(Hegeler & Anderson APC)
Storm P. Anderson
(Hegeler & Anderson APC)
Experts
Plaintiff
Marvin E. Ament
(medical)
Mark Remas M.A.
(technical)
Gregory Kaseno
(technical)
Defendant
Michael C. Fishbein M.D.
(medical)
R. Bart Day
(medical)
John R. Epperson
(Cooper White & Cooper LLP)
(medical)
Heather H. Xitco
(technical)
Facts
On Aug. 13, 2009, Dr. Anathram Reddy, a gastroentorologist, hospitalized Pamela Bowen at Grossmont Hospital for an exacerbation of ulcerative colitis. Dr. Raed Al Naser, acting as a hospitalist, admitted Bowen and followed her during her hospitalization. Al Naser was a critical care specialist. Bowen was discharged by Al Naser on Aug. 17, after discussing her condition with Reddy by telephone. Bowen died on Aug. 20 from overwhelming sepsis due to acute perforation of her colon. Bowen's widow, Christopher Bowen, sued Reddy and Al Naser for wrongful death. Reddy settled prior to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Al Naser failed to appreciate that the decedent did not improve during her hospitalization and should not have been discharged. Al Naser also failed to give Reddy an accurrate assessment of the decedent's condition.
DEFENDANTS' CONTENTIONS:
The defense presented testimony that Mrs. Bowen was followed appropriately in the hospital, that Dr. Reddy established the plan of care for her hospitalization, that there were no physical findings to warrant a surgical consultation, that Mrs. Bowen improved during her hospitalization, that Dr. Reddy agreed with the discharge, and that the ultimate complication was so rare as to be unforseeable. All of the physicians who testified indicated that they had never seen an ulcerative colitis patient go on to perforation, let alone die from the complication. Lastly, the defense presented evidence, although did not argue, that Mrs. Bowen was given verbal and written discharge instructions that if she had increasing pain she should return to the hospital or call her gastroenterologist. A report from the San Diego County Medical Examiner's Office indicated that the family reported that Mrs. Bowen had severe pain after discharge up until the time of her death, but did not return to the hospital or call her gastroenterologist.
Damages
Bowen sought $968,000 in economic and general damages.
Result
The jury rendered a defense verdict.
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