Professional Negligence Law Reporter

Doe, 65, presented to a hospital ER with moderate to severe lower abdominal pain that had lasted six days. A CT scan showed mild colonic wall thickening but was otherwise unremarkable, as were Doe’s laboratory results. The attending ER physician allegedly discharged Doe with a diagnosis of probable constipation.

A week later, Doe returned to the ER, complaining of very severe abdominal pain, constipation, and nausea. The attending ER physician allegedly diagnosed constipation and noted that a bowel obstruction was doubtful. The physician prescribed Tylenol, Zofran, and magnesium citrate and advised Doe to follow up with her primary care physician after her discharge that morning.

Doe’s condition deteriorated, and she died the next day. The cause of death was acute peritonitis resulting from ischemia and a bowel perforation. She is survived by her four adult sons.

They sued the second ER physician, alleging that she failed to order labs and a CT scan of the abdomen and pelvis before discharging Doe. Had Doe been admitted to the hospital, the plaintiffs asserted, she could have undergone a colectomy and survived.

The parties settled for $500,000.

Citation: Doe v. Roe ER Phys., Confidential Dkt. No. (Cal. Super. Ct. Orange Cnty. Confidential Date).

Plaintiff counsel: AAJ members Daniel M. Hodes and James Chortanian, both of Irvine, Calif.