Facts

On July 17, 2014, plaintiff Robbie Parker, a 40-year-old correctional officer had a subtotal colectomy at USC Norris Comprehensive Cancer Center performed by Dr. Kyle Cologne, a general surgeon. Dr. Cologne discharged plaintiff. On Aug. 18, 2014, plaintiff visited the emergency room at Bakersfield Memorial Hospital due to severe abdominal pain. A CT scan of plaintiff's abdomen revealed a perforated viscous, leak at the site of the anastomosis due to his earlier surgery, which prompted the emergency room physician, Dr. Roland Rodriguez, to perform another surgery on plaintiff to resect the anastomosis and place an ileostomy stoma. After the surgery, Dr. Rodriguez stated that the anastomotic leak sealed.

However, on Aug. 21, 2014, plaintiff underwent another surgery because there was a still an anastomotic leak. Eventually, plaintiff lost kidney function, liver function and developed respiratory problems due to septic shock. Plaintiff sued Dr. Rodriguez, Dr. Cologne, USC Norris Comprehensive Cancer Center, Keck School of Medicine, Bakersfield Memorial Hospital, and Dignity Health for medical malpractice for failing to treat his medical condition.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Dr. Rodriguez failed to dissect down to the site of the anastomosis on the Aug.18 surgery. Plaintiff also contended that Dr. Rodriguez should have proceeded with an air-leak test to prove an anastomotic leak. Plaintiff also contended that the Aug. 21 surgery should have been completed on Aug.18 and plaintiff's septic shock would have been avoided.

DEFENDANT'S CONTENTIONS: Dr. Rodriguez contended that an afterhours gastrofin enema could not be obtained at Bakersfield Memorial Hospital, which was beyond Dr. Rodriguez's control. Dr. Rodriguez was also not trained to perform an air leak test. Lastly, Dr. Rodriguez contended that dissection of the site of the anastomosis would have been too dangerous.

Damages

Plaintiff sought damages for $40,000 for loss of earnings, $100,000 in hospital costs and an unspecified amount for pain and suffering.

Result

The jury delivered a defense verdict and found that Dr. Rodriguez did not breach his standard of care.