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This medical malpractice action settled for $2,000,000 before jury selection. On 12/21/95, Pltf.'s decedent, then a 34-year-old clerk for the City of New York, presented to the emergency room at Deft. hospital with complaints of severe abdominal pain. She was diagnosed with food poisoning and was given a prescription for medication and was discharged. On 12/23/95, decedent returned with continued abdominal pain. A diagnosis of acute abdomen was made, and Deft. Lotlikar performed surgery. During the surgery, Lotlikar found an embolus on the superior mesenteric artery. A vascular surgeon was able to resect the embolus and revisualize the bowel. Dr. Lotlikar resected the affected portion of bowel and performed an ileostomy. The next day, Deft. performed another surgical procedure to re-examine the bowel for viability. During that procedure, he took down the ileostomy and reconnected the bowel. Decedent remained hospitalized and required two additional surgeries for bowel obstructions. She died on 2/12/96.
Pltf. brought this action claiming that the hospital was negligent in failing to admit decedent on 12/21/95. Pltf. contended that Lotlikar prematurely took down the ileostomy and did not allow the bowel to heal after the vascular surgery. Defts. argued that decedent suffered from a serious medical condition that has a high rate of mortality . Defts. contended that proper protocol was followed for this type of surgery, and argued that any delay in treatment did not make any difference in the outcome, because decedent would have still required the same procedures.
Pltf.'s decedent, age 34 at the time ofher death on 2/12/96, is survived by three children, ages 3, 11, and 17. Carriers: Group Counsel ( to $1,000,000); CCC Insurance is the excess carrier. |