Hospital, doctor settle medical malpractice case for $3.5 million

Posted on behalf of Stewart Bell, PLLC on May 06, 2012 in Medical Malpractice

A hospital belonging to the largest nonprofit chain in the western United States and one of its doctors agreed to settle a medical malpractice lawsuit filed by a former patient for $3.5 million.

While the doctor and hospital have refused to discuss this medical malpractice case (and the plaintiff, as so often happens, had to sign a gag order that prohibits her from commenting in order to obtain the settlement), records indicate that the plaintiff's lawsuit alleged the defendants had multiple opportunities to make a correct diagnosis and properly treat the woman's condition before it worsened and left her totally dependent on intravenous nutrition for the rest of her natural life.

A report by the medical expert who examined the plaintiff stated that the now 51-year-old woman had a successful gastric bypass surgery five years ago. Two years and nearly 100 pounds of weight loss later, she started having abdominal pain and was eventually misdiagnosed with constipation at the aforementioned hospital in 2010. Later that same year, however, the results of an abdomen scan led her to have the actual problem --a bowel obstruction that was likely related to the gastric bypass surgery -- surgically repaired.

Unfortunately, her pain continued and she had to have another surgery, this one to reverse the earlier gastric bypass surgery and save her life. While she does feel "lucky to be alive," the woman will have to receive all of her nutrition intake artificially and need help from a caretaker seven days a week, 365 days a year.

Source: Calaveras Enterprise, "Hospital, CHW settle $3.5 million malpractice case," Joel Metzger, May 4, 2012

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