Medical Malpractice Wrongful Death Verdict - Failure to Diagnose Bowel Obstruction

A Hamilton County (Cincinnati, Ohio) jury returned a verdict in favor of a Cincinnati family who brought suit on behalf of their deceased mother. The jury found two physicians failed to diagnose and treat a bowel obtruction. Mr. Lyon served as local counsel for the national firm Motley Rice during the discovery and trial of the case.

On July 23, 2008, Decedent presented to the Emergency Room at Mercy Hospital just after midnight accompanied by her husband. The physician and the Hospital nursing staff were able to take a good history from the Decedent that included risk factors and symptoms known and recognized to be consistent with a diagnosis of intestinal obstruction. The risk factors and symptoms included, but were not limited to, the patient:

1. treating with medication that was a known and recognized to slow the bowl down;
2. indicating acute onset of pain;
3. indicating severe pain, 9/10 and tender lower abdominal area with abdominal distention;
4. presenting with constipation and exhibiting minimal results from enema;
5. having undergone prior abdominal surgery;
6. demonstrating hypoactive bowel sounds;
7. otherwise presenting with symptoms and risk factors requiring the physician to rule out bowel obstruction on differential diagnosis.

The combination of these findings is suggestive of a possible intestinal obstruction.  Intestinal obstruction is a life threatening condition and a medical emergency.  Moreover, gastrointestinal obstruction from cecal volvulus is a benign condition that is easily treated by abdominal surgery when diagnosed early and has a very low mortality rate.  Indeed, Decedent was suffering from an intestinal obstruction at this time.

Based upon the patient’s history and physical exam, the applicable standard of care required Defendant Lankin to rule out intestinal obstruction. Specifically, the standard of care required Defendant Lankin to order laboratory tests, x-ray examinations or CT, and/or a surgical consult, and/or admit the patient to rule out the diagnosis of intestinal obstruction.  The Defendant physician discharged the patient with a diagnosis of “constipation” (a symptom and not a diagnosis) and did not take any additional steps to rule out intestinal obstruction.  The following day, Decedent called Defendant #2 to report the details of the E.R. visit and her symptoms. Defendant #2, having treated the patient regularly since October 2007, knew the patient’s history and recent clinical presentation at Mercy. Defendant #2 did not take additional steps to rule our intestinal obstruction but prescribed via telephone GoLYTELY preparation for constipation, a prescription that is contraindicated in patients with intestinal obstruction.

Then, on July 24th, at 7:38 am, Decedent presented to Mercy Hospital Emergency Department in cardiac and respiratory arrest and was pronounced dead.  The death record indicated the cause of death was bowel obstruction due to cecal volvulus.