Professional Negligence Law Reporter

John Ruddy, 61, underwent laparoscopic hernia repair surgery performed by surgeon Alfred Trang at Einstein Medical Center Montgomery. Ruddy was discharged the next day. He had not had a bowel movement since two days before the procedure. Ruddy’s common law wife called Trang’s office the next day, reporting that Ruddy’s stomach was swollen and that he wasn’t eating, was in severe pain, and hadn’t yet had a bowel movement. An assistant allegedly instructed Ruddy’s wife to give him milk of magnesia.

Two days later, Ruddy began sweating profusely and crying out in pain. His stomach also became more enlarged. He went to the hospital’s emergency room, where his wife reported he still had not had a bowel movement. While Ruddy was waiting to be seen, his wife called Trang’s office. She spoke with physician Ramsey Dallal, who allegedly said that Ruddy did not need to be seen because he was not vomiting and had no fever. Ruddy’s wife then went to the registration desk and told them a doctor had instructed them to go home.

At home, Ruddy’s condition worsened. His wife called Trang’s office and was allegedly told to give Ruddy prune juice and an enema. Later that day, Ruddy collapsed. Attempts to resuscitate him were unsuccessful. An autopsy revealed that the cause of death was acute peritonitis and a perforated bowel. Ruddy is survived by his wife and his brother.

The estate sued the hospital, Trang, Dallal, and their practice, alleging failure to properly evaluate Ruddy and timely diagnose his condition. The plaintiff claimed that Ruddy should have been examined and admitted to the hospital, where he could have undergone proper testing.

The parties settled for $400,000.

Citation: Ruddy v. Einstein Med. Ctr. Montgomery, No. 2018-23254 (Pa. Ct. Com. Pl. Montgomery Cty. Mar. 30, 2021).

Plaintiff counsel: AAJ member Martin S. Kardon and Stewart A. Bernstein, both of Philadelphia.