$3.8 Million Settlement in Medical Negligence Action Against General Surgeon, Emergency Room Physician, Radiologist and Hospital for Failing to Diagnose and Treat Gastric Sleeve Surgical Dehiscence.
Plaintiff was a 31 year old female who presented to a hospital following a robotic gastric sleeve gastrectomy . The plaintiff alleged that surgeon performed the surgery improperly resulting in a dehiscence, infection and death. That the e emergency room physician failed to timely investigate, diagnose, and treat symptoms consistent with a gastric surgical dehiscence. That the radiologist failed to report evidence of a gastric leak or perforation and abscess. That the hospital was vicariously liable for the above providers. As a result of such negligence the plaintiff expired leaving a husband of 7 years and 12 year old son. There were no material economic losses. The surgeon denied negligence instead blaming the plaintiff for violating his post operative order to avoid consuming solid food. The emergency room denied negligence because the presentation was not suspicious for a surgical dehiscence. The radiologist denied negligence because his interpretation was sufficient to alert the emergency room physician of a possible perforation. The case settled for $3.8 million prior to trial.