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Defendant's Verdict On Post Surgical Care Claims
One of our partners, Stuart Manzione, was successful in obtaining a defense verdict recently in a medical malpractice case venued in Nassau County Supreme Court. The case was tried before Justice William R. LaMarca.
A 65 year old male was sent to a hospital for an incarcerated umbilical hernia by his internist. Our client, surgeon number one, performed a successful surgery to relieve the hernia the next day.
Postoperatively, the patient developed an ileus that began to resolve on the fifth day, following a nasogastric tube that produced three liters of bilious fluid. That night and the next day, the patient complained of reflux and heartburn, for which he was prescribed Maalox and Protonix. He had no complaints the next day, but on the eighth day he again complained of heartburn and dyspepsia. He was given Mylanta that evening, along with the continued Protonix, which relieved his symptoms.
Surgeon one then turned over the care of the patient to surgeon two on the evening of the ninth day, noting that discharge would be held until his gastrointestinal symptoms improved. On the tenth day the patient made no complaints and was discharged by surgeon two.
Two days after discharge, the patient returned to the emergency room of the same hospital with acute abdominal pain. Surgeon two performed exploratory surgery that revealed a perforated gastric ulcer located on the lesser curvature of the stomach. The patient developed sepsis, and he died four weeks later.
The executrix of the patient's estate sued the hospital, surgeon one, the internist, and surgeon two. She alleged that the doctors departed from the accepted standards of medical practice and that the hospital was vicariously liable for their actions. The case against the hospital was dismissed on summary judgment prior to trial.
The estate's counsel claimed that the doctors should have investigated the patient's postoperative complaints, performed an abdominal X-ray and a CT scan, and called in a gastroenterology consult. She also alleged that the patient was improperly discharged by surgeon two.
The doctors' counsel argued that the patient suffered a classic postoperative ileus that commonly occurs following abdominal surgery and that the symptoms of reflux, heartburn and dyspepsia are common symptoms associated with a postoperative ileus.
Defense counsel also claimed that the patient was appropriately and timely discharged and that the gastric ulcer was silent and did not exhibit any symptoms that would have led a doctor to further investigate.
The jury awarded a defense verdict for each of the doctors.
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