Facts

Peter Sanchez was first admitted to Beverly Hospital between Feb. 27, 2004, and March 3, 2004. His admitting diagnosis was diverticulitis with a peri-diverticular abscess.
On Feb. 28, 2004, Dr. Nugent provided a surgical consult. Conservative treatment of IV antibiotics and clear liquids was recommended and followed. At discharge, Mr. Sanchez was to take oral antibiotics for seven days.

On June 14, 2004, Mr. Sanchez was re-admitted to Beverly Hospital through July 26, 2004, with a diagnosis of acute recurrent sigmoid diverticulitis. A surgical consult was first provided. It was charted that the patient would be scheduled for a sigmoid colectomy after allowing for a period of time for his acute inflammation to subside after a few days of antibiotics.

On June 21, 2004, Dr. Nugent took Mr. Sanchez to surgery. He performed an exploratory laparotomy, drainage of the diverticular abscess, and a sigmoid colectomy.

Mr. Sanchez developed significant post-operative complications related to a leak at the site of the anastomosis for the sigmoid colectomy, which was not diagnosed for nine days. Specifically, Mr. Sanchez developed sepsis syndrome, acute renal failure, acute respiratory distress syndrome, and massive gastrointestinal bleeding due to two large duodenal ulcers.

Consequently, on June 29, 2004, 300 cc of fluid was removed by CT guided aspiration. Further, on July 2, 2004, Dr. Nugent performed a colostomy with drainage of an intra-abdominal abscess to treat the anastomotic leak. A second drainage procedure was performed on July 16, 2004.

Subsequently, Mr. Sanchez was readmitted to Beverly Hospital between Sept. 12 and 20, 2004. A CT scan of the abdomen revealed a subdiaphragmatic abscess. As a result, IV antibiotics were started, and on Sept. 13, 2004, 200 cc of slightly brown grossly purulent materials was removed by CT guided aspiration.

On Oct. 8 through 12, 2004, Mr. Sanchez was again admitted to Beverly Hospital with complaints of fever, chills, and right upper quadrant abdominal pain. IV antibiotics were again provided for a persistent abscess. It was ultimately decided that Mr. Sanchez was not a candidate for surgery.

Mr. Sanchez' last admission to Beverly Hospital was between Dec. 8 and 18, 2004. The purpose of this admission was basically for "take-down" of the colostomy which was performed on Dec. 8, 2004.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the defendant was negligent in failing to timely diagnose and treat the plaintiff's leak at the anastomosis site for the sigmoid colectomy (nine day delay in diagnosis). Plaintiff contended other related health complications.

DEFENDANT'S CONTENTIONS:
Defendant contended that he acted within the standard of care at all times while treating the patient, including that the leak was not diagnosible because the original leak sealed and did not re-leak until several days later.

Result

Defense verdict.

Deliberation

1.25 hours

Length

17 hours