Thursday, September 28, 2017

63yr old woman dies after a colonoscopy!

Estate of Plaintiff’s Decedent vs. Defendant Physician State of Michigan, XXXXXXX County Circuit Court Subject to non-disclosure Regarding Settlement $190,000.00 dated 5/16/16 (Limited policy limits $200,000) Settled following case evaluation Facts: This is a medical malpractice claim involving the death of Plaintiff’s decedent, 63 years of age, due to complications after a colonoscopy procedure that should have been postponed, given her abdominal symptoms on the day of the procedure. By way of background, Plaintiff’s decedent presented to the hospital emergency department with an impression of ileus and/or colitis. She was admitted to the hospital, testing was performed, and during that admission she was attended to for the first time by defendant doctor. Her admission and discharge diagnosis was acute diverticulitis and upon discharge was instructed to follow up with defendant doctor for an elective colonoscopy to be scheduled approximately 6 weeks thereafter. Plaintiff’s decedent thereafter presented to defendant hospital for her elective colonoscopy. History and physical revealed that upon admission Plaintiff’s decedent had a distended, firm abdomen and had vomited brown fluid that morning. Defendant doctor was notified of those findings. Pre-anesthesia consult revealed the patient’s abdomen was distended as well. Both the triage nurse and the attending nurse informed defendant doctor of the distended, firm abdomen and vomiting of brown fluid. Defendant doctor, however, determined the abdomen was not firm, distention was subjective and he thought it was O.K. to proceed. The patient was taken to the colonoscopy procedure room. During the colonoscopy procedure, defendant doctor was unable to advance the scope because of an obstruction. A narrow stricture was found in the mid-sigmoid colon and the procedure was aborted. Upon withdrawal of the scope, Plaintiff’s decedent became hypoxic and aspirated. There was sudden onset of vomiting of black, foul fluid noted to be most likely stool. Plaintiff’s decedent became unresponsive. CPR was started, code was initiated. Plaintiff’s decedent was sent to the emergency department and then to ICU. Chest and abdominal CT revealed questionable ischemic severe in large bowel ileus loops of fluid-filled bowel. Plaintiff’s decedent remained in the hospital where she was diagnosed with aspiration pneumonia. She suffered metabolic acidosis, remained on a ventilator with vasopressors to maintain blood pressure. Two days post-op she was diagnosed with ARDS secondary to aspiration pneumonia. On that day, she suffered cardiac arrest and died. Plaintiff relied on the expertise of a gastroenterologist and nurse to support Plaintiff’s decedent’s claim. The defendant doctor failed to appreciate and recognize the significance of the history of the firm and distended abdomen, failed to recognize the significance of the history of vomiting brown fluid, and failed to postpone the elective colonoscopy to assess the possibility of small bowel obstruction that was found on CT post-procedure. Had defendant doctor followed the applicable standards of care and postponed the elective colonoscopy to further assess prior to submitting the patient to this exam, the patient more likely than not would have survived her colonoscopy. At the time of her death, Plaintiff’s decedent was a wife of 34 years and mother to three daughters, one developmentally challenged, and who relied on the assistance of her mother. Submitted by: CHARFOOS & CHRISTENSEN, P.C. DAVID W. CHRISTENSEN P11863 MARY PAT ROSEN P34992 26622 Woodward Avenue, Suite 100 Royal Oak, MI 48067 (248) 399-0350 or (313) 875-8080 / Fax: (248) 399-0351 dwchristensen@c2law.com mprosen@c2law.com

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