Professional Negligence Law Reporter

Rose Marie Kopycinski, 79, had a history of diverticulitis and went to her general practitioner, complaining of back and abdominal pain. She underwent an X-ray of her back and a renal ultrasound, both of which were negative. Kopycinski’s condition worsened, and her daughter called the doctor’s office on three or four occasions. She spoke to nurse Barbara Doscher and requested that her mother be scheduled for an abdominal CT scan. The test was not performed.

Kopycinski subsequently suffered a burst diverticulum and perforated sigmoid colon. She became became septic and required a radical hysterectomy and colostomy, which is permanent. This necessitated a change in diet and has affected her ability to socialize.

Kopycinski sued Doscher’s employer, alleging vicarious liability for the nurse’s failure to inform the general practitioner of Kopycinski’s complaints and her daughter’s phone calls.

The jury awarded $700,000.

Citation: Kopycinski v. Itskowitz, No. GD-17-004492 (Pa. Ct. Com. Pl. Allegheny Cty. Jan. 16, 2020).

Plaintiff counsel: AAJ member Timothy G. Wojton, Pittsburgh.

Plaintiff expert: Jan Seski, gynecological oncology, Murrysville, Pa.

Defense experts: Donald Walters, gastroenterology, Butler, Pa.; Ernest Gillan, general medicine, Paoli, Pa.; and Robert Bell, general surgery, Berkeley Heights, N.J.