Claim against ER doc in death case struck – Defense Verdict

This was a medical malpractice case involving emergency medical treatment provided to the plaintiff, at the Loudoun Hospital Center on Oct. 30, 2004. At the time of presentation, the ER physician defendant was told that the plaintiff had recently had an artificial insemination procedure. Originally this was the only information the family could give him.

Plaintiff presented with low blood pressure that responded well initially to an IV Unknown to the ER physician defendant, the patient was previously diagnosed with an incision hernia, post-operative adhesions, hydrosalpinx and infertility. Two days prior to the plaintiff’s ER visit, the co-defendant OB surgeon had performed a laparoscopic enterlolysis and proximal lygation of the hydrosalpinges bilaterally. At the same time, a general surgeon had performed a lyses of adhesions surgery. During the surgery there was a serosal injury to the small bowel but with pressure on the bowel there was no evidence of any leakage at the time.

Eventually the plaintiff’s family found the OB surgeon’s card and gave it to the ER defendant doctor, who got in touch with the OB surgeon and discovered the true nature of the recent surgery. Once discovered, the ER doctor defendant ordered a CT scan, started a central line with appropriate antibiotics, obtained blood samples and gave the Plaintiff additional IV fluids. The CT scan showed a large right-sided plural effusion, perforated bowel and findings in the mediastinum.

The blood tests showed she was acidotic, suffering from kidney failure, had pancreatitis, was septic and had a positive troponin leak. The patient went on to code shortly after the CT scan and the patient was successfully resuscitated and removed from the Loudoun ER by helicopter and taken to Fairfax Hospital. She did maintain a pulse throughout the remainder of her emergency department visit prior to transfer. The patient ultimately expired at Fairfax Hospital.

Plaintiff presented his evidence from Sept. 19-22, 2011. Plaintiff called a general surgeon on causation but did not present expert evidence that anything the ER defendant doctor did, or failed to do, proximately caused plaintiff’s death. A motion to strike plaintiff’s evidence was granted at the conclusion of plaintiff’s case.

Editor’s note: The case proceeded against the co-defendant, and resulted in a defense win. A Verdict & Settlement report was submitted by the co-defendant’s attorneys and published in the Oct. 24, 2011 issue of Virginia Lawyers Weekly [11-T-138].

[11-T-157]

Type of action: Medical malpractice
Injuries alleged: Wrongful death
Name of case: Confidential
Court: Loudoun County Circuit Court
Judge: James H. Chamblin
Date: Sept. 22, 2011
Special damages: $579,529 if not taking out for personal consumption of decedent and $397,792 if personal consumption is taken out of the economists report; medical bills totaling approximately $22,000. Plaintiff was unable to get any of these items into evidence at trial.
Demand: $2,750,000 (amount sued for)
Offer: None
Verdict or settlement: Motion to strike granted
Insurance carrier: Professionals Advocate Insurance Company
Attorneys for defendant: Marc A. Brown and Stephen Altman, Fairfax
Attorneys for plaintiff: Paul Warren and Richard Thorsey, Reston