Professional Negligence Law Reporter

Doe presented to a hospital ER complaining of abdominal pain at a level of 10 out of 10. His labs indicated an abdominal infection, and a CT scan showed he was suffering from diverticulitis and a perforated colon. Staff contacted a surgeon, and Doe was admitted to the hospital under the care of a hospitalist.

The next morning, the surgeon allegedly evaluated Doe and determined that he did not need surgery. The physician ordered observation with bowel rest. That day and into the next, Doe continued to experience pain. Additionally, his vital signs were abnormal, and testing showed a worsening infection despite antibiotics. The surgeon and hospitalist allegedly saw Doe the next morning and continued to monitor him. That afternoon, Doe was diagnosed as being in septic shock. He was taken to surgery, where it was revealed that he had fluid throughout his abdomen. Doe suffered cardiac arrest the following morning and died.

Suit against the surgeon and hospitalist alleged failure to recognize that Doe needed emergency surgery. Had the perforation been timely treated, the plaintiff alleged, Doe would not have suffered septic shock. The defense argued that it had been reasonable to wait and see how Doe responded to conservative management.

The parties settled for $2.5 million.

Citation: Doe v. Roe, Undisclosed Dkt. No. (Mass. Super. Ct. Middlesex Cnty. 2022).

Plaintiff counsel: AAJ member Robert M. Higgins, Boston.