Communication failures cited for misdiagnosis, unperformed intervention
At deposition, one of the urologists admitted that the surgery was ill advised, claiming that he undertook it because the patient insisted. The urologist’s reasoning was contrary to his own operative report and records.
At the outset of the surgery, a resident urologist caused vascular and pancreatic injury by overpenetration of a surgical instrument (Veress needle). Neither Roush nor her family was told of the complication.
Roush’s condition deteriorated rapidly, with hypotension and extended blood loss progressing to respiratory failure. She required intubation and was placed in a critical care unit. There she was found to have pancreatitis and multisystem organ failure.
Due to communication failures between the urologists and the critical care service, the etiology of the pancreatic injury was misdiagnosed and proper interventions were not timely performed. Roush developed abdominal compartment syndrome, suffered brain damage and eventually died two weeks later.
Keys to the $600,000 settlement included establishing the proper foundation for full medical expense damages versus the lien amounts, and establishing a high-cap brain injury using defendant’s own neurologic examinations.
Types of actions: Wrongful death, medical malpractice
Type of injuries: Vascular and pancreatic injury causing multisystem organ failure, brain damage and death
Name of case: Weyek, et al. v. Henry Ford Hospital
Court/Case no./Date: Wayne County Circuit Court; 10-009304-NH; April 26, 2012
Tried before: Mediation
Name of judge: Jeanne Stempien
Settlement amount: $600,000
Most helpful experts: Dr. Dudley Danoff, urology, Los Angeles; Dr. Jonathan Vapnek, urology, New York; Dr. Anthony Borzotta, critical care surgery, Blue Ash, Ohio
Insurance carrier: Self-insured
Attorneys for plaintiff: Stephen Goethel, Chad Engelhardt
Attorney(s) for defendant: Withheld
Source: MI Lawyers Weekly