The decedent was an 85 year old woman with a history of a ruptured colon, short bowel syndrome, large hiatal hernia with reflux and dysphagia, and degenerative joint disease when she was evaluated by the defendant surgeon for symptomatic cholelithiasis on June 13, 2003. The surgeon recommended a laparoscopic, possibly open, cholecystectomy and performed the procedure on June 27 at a local hospital. Because of dense adhesions the procedure was converted to an open approach and the gallbladder was removed without incident.
The patient had a soft and non-tender abdomen post-operatively but she complained of intermittent nausea and pain. On June 30 and in response to a persistent ileus, an NG tube was passed by Interventional Radiology. Soon afterwards, the patient became confused and hypotensive, her oxygen saturations and vital signs became unstable and she was transferred to the intensive care unit for closer observation and management. During the night, she developed ARDS and sepsis, and expired the morning of July 1.
Plaintiffs alleged that the patient suffered a perforation of the small bowel at the time the surgeon lysed dense abdominal adhesions and that the patient’s true condition remained unappreciated. A chest CT scan on post operative day 3 to rule out a PE, revealed free air in the abdomen and abundant intraperitoneal fluid. The defendants contended that the patient never experienced a small bowel perforation and instead suffered an aspiration at the time the NG was placed secondary to her large hiatal hernia. She developed congestive heart failure, aspiration pneumonitis, and sepsis. She was removed from support and expired on post operative day 4.
The trial lasted three days and after less than 30 minutes of deliberation, the jury returned a verdict for the defendants.
For further information on this matter, contact: