Confidential
Settlement – $195,000Facts
The plaintiff's decedent was born with a diaphragmatic hernia, which was repaired in the first days of life. About eight months later, the child experienced low grade fever, nausea, vomiting and some abdominal distension. His parents brought him to the ER of defendant hospital twice in one day. The first time, the baby's bowel sounds were high pitched. The second time, the baby' showed some tenderness in the abdomen. Each time the baby was discharged home without X-ray evaluation for small bowel obstruction, though the history of prior abdominal surgery was known. The second ER physician counseled follow-up with a pediatrician. The next morning, when symptoms persisted, the parents took the child to defendant pediatrician. The pediatrician wrote in his record "r/o small bowel obstruction related to adhesions from prior surgery" but gave the child a shot of antinausea medication and sent him home, telling the parents to return in the afternoon if he was not better. The nausea subsided for several hours with the medication, but returned that night. The parents took the child to the ER for the third time, where the first X-ray of the child's abdomen showed clear small bowel obstruction, and the child was admitted to the hospital early the morning of the following day, with a surgical consultation called. The consulted defendant pediatric g.i. surgeon did not come to see the child for the first 16 hours of the child's hospital stay, relying instead on the reports of the child's condition given by general surgery residents at defendant hospital. During those 16 hours, the child developed leukocytosis, diminished PCO2, progressive adbominal distension, disappearance of normal bowel sounds, and exquisite tenderness, along with increasing fever, tachycardia and tachypnea. When the attending surgeon first examined the child, he recognized an emergency and made immediate arrangements for stat laparotomy, which could not be performed for several hours because of unavailability of an operating room. At the time of surgery, substantial gangrenous bowel was found behind a small bowel obstruction caused by adhesions from the child's earlier surgery. The surgeon elected to leave the bowel in after lysing the adhesion, hoping for bowel recovery. The child died that night.
Result
The defendant hospital paid $100,000, for the hospital, the residents and the emergency room physicians. The defendant attending surgeon paid $75,000 and the pediatrician paid $20,000.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390