Doctor's Negligence in failing to Diagnose a Ruptured Appendix
Our Case *
This case is a medical malpractice case concerning
Karen Foster, who up to July of 1995, at age 14, had
been a very healthy young girl. On July 29, 1995,
Karen and her parents called their pediatrician Dr.
Levi. This was done since Karen had a high fever,
was lethargic and had some generalized stomach discomfort.
They called to speak with Dr. Levi, but unfortunately,
it was a Saturday when another pediatrician, Dr. Levi
was covering.
Dr. Levi called them back and in essence told them that if Karen's temperature
was 106 degrees, they should go to the emergency room, otherwise make an appointment
to see Dr. Levi on Monday. This was exactly what the family did. On Monday, July
31, 1995, Karen and her mother went to the offices of their pediatrician, Dr.
Levi. The Foster 's testified that Dr. Levi was in some discomfort that day because
he had recently come back from hernia surgery.
Dr. Levi failed to take Karen's temperature despite her fever. He did feel her
abdomen (lower right quadrant), at which time Karen said "ouch". Dr. Levi then
turned to the Karen's mother and said "touchy teenager." Dr. Levi also found
a scab behind her neck. The doctor diagnosed three possibilities: a) Lyme Disease;
b) urinary infection or c) viral infection. He failed to do a rectal examination
and did not question her about her appetite or any change in eating habits.
Mrs. Foster called daily to talk with Dr. Levi. She question Dr. Levi as to whether
or not there had been any test results reported back. Mrs. Foster was told that
the urine is fine and that they haven't received any other tests back. Dr. Levi
never advised the family that a July 31, 1995 test result shows a significant
elevation in the white count; greater than 18,000 with increased numbers of segmented
cells.
On August 5, 1995 Mr. Foster calls Dr. Levi 's office and advises that she must
have an emergency appointment. Karen had to be carried into Dr. Levi 's office
by her father. At this point in time, Dr. Levi examines Karen and finds that
she has symptoms consistent with a ruptured appendix, peritonitis.
She was admitted to the Hospital where Dr. Kroan removed necrotic debris, as
well as, a portion of her right fallopian tube that was inflamed and necrotic.
Karen was immediately started on IV antibiotics. Unfortunately, her white blood
count was rising and fever persisting. A CAT Scan revealed a large amount of
fluid collection. Karen began to experience respiratory problems and fluid collection
in her lungs.
Karen is placed in an intensive care unit of the Hospital where she subsequently
loses approximately 25 - 30 lbs, of her starting 130lb weight, due to her illness.
Karen had a second subsequent readmission to the Hospital for fever and possible
infection. Her admission lasted 5 days and she was diagnosed with fever of unknown
origin. The fear was that she had a re-accumulation of abscess/fluid. The abscess
is never reconfirmed and she was eventually discharged on September 25, 1995.
To date, Karen has undergone 3 abdominal surgeries due to the failure and delay
in diagnosing the appendicitis and the sequela. In May 1998, Karen underwent
reconstructive surgery on her abdomen and chest in order to alleviate some of
the horrific scars on her body. Karen 's life has been affected, not only by
the physical scars, but also emotionally.
Why were Defendants Negligent?
Dr. Levi failed to adequately follow-up on his patient, who had a history of
fever, abdominal pain, vomiting, and diarrhea. On July 31, 1995, Karen Foster
had a significantly abnormal white count. There was no immediate follow-up to
this abnormal finding, including re-evaluation. Dr. Levi 's impressions or tentative
diagnoses were incomplete and failed to include the possibility of appendicitis.
An adolescent with poor appetite, persistent abdominal pain, fever, and an elevated
white count, demands a careful examination and close follow-up, which was not
done here.
The Verdict
The Lewis Law Firm were able to recover a large monetary award
as a result of trial. The battle was far from easy but the reward Karen and her
family received was well worth the effort. At the Lewis Law Firm,
we go to battle for you.
* Names have been changed where appropriate
|
