Question

Wrongful Death due to misdiagnosis of appendicitis

Asked 27 April 2011 · 4 answers

The question

I took my 27 yr. old son to a walk-in med. center after he was sick for 3 days with what I thought was a virus. He presented to a P.A.C. with abdominal pain, vomiting, severe dehydration, profuse sweating, and constant belching. After my direction, she ordered a urinalysis, an I.V., and bloodwork, but never an x-ray. He was never given a proper re-bound exam (I suppose because he was a-typical and his pain was deferred). His lab readings came back with slightly elevated w.b.c and twice the creatinine level he should have for his age (which she circled and expressed concern for).

Despite all these red flags, she sent him home with a diagnosis of viral gastroenteritis, anti-nausea meds, instructions to give him more fluids and if he was not improving, bring him back the next day. The M.D. saw him at this next time and knew just by visually looking at him, that something was very wrong (he never physically examined him). He sent him by ambulance to the e.r. They drained a quart of black bile from his stomach and then it took an hour before they gave him an ultra-sound for his gall-bladder; no problem there (why not look at his appendix too!)

They then proceeded with the c.t. scan (another 2 hours of waiting). Finally after the scan results (approx. 4 hrs later) the e.r. doctor rushed in and asked my son, "I thought you said your pain was all around your mid abdomin? Are you sure you don't have any pain here?" and he pressed his right side with the re-bound exam and my son jolted with pain and said, "well yes when you do it that way". That statement from my son made me realize in all that time and seeing all those doctors, no one did the proper re-bound exam until it was too late and may have contributed greatly to his death. As he was being rushed to emergency surgery, I asked the e.r. doctor what about the gall bladder and he stated "the gall-bladder threw me a curve; your son has a ruptured appendix".

The surgeon said after the surgery that he found the rupture to be fresh. My beautiful only child perished one day later in March of 2011 from a ruptured appendix which but for a series of blunders, didn't have to happen. I did not know when I took him to that med. center that he wasn't with an M.D. I also didn't know that patients don't always see medical doctors who would most likely recognize such important symptoms, perform crucial proper examination, and refer immediately to the e.r. where my son would probably have been saved that first night. I want to know if I possibly have a case in there somewhere. My son was all that I had and I am utterly destroyed.

From the LawyerCentral forum archive. Originally posted 27 April 2011 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

4 answers

Visitor answer 10 May 2011

Rebound test is a standard test whenever someone goes to an emergency room or urgent clinic for evaluation of abdominal discomfort. This is particularly true where the symptoms are coupled with laboratory signs suggestive of infection. I recommend you consult with an attorney experienced in medical malpractice in whatever state you reside.

Typically there is a statue of limitations for claims of wrongful death, meaning there is a period of time within which you must bring a claim against a medical provider. That is usually 1 to 2 years, depending on the State.

I am truly sorry for your loss. I wish you the best of luck.

Regards,

Markus B. Willoughby, Esq.

WILLOUGHBY DOYLE LLP

(removed)

Oakland, Beverly Hills, Tampa, Cleveland

Visitor answer 7 November 2011

Losing a child is really an unwanted nightmare. It is one of the most stressful situations imaginable for any parent. I am sorry that you lost your son.

Basically, appendicitis occurs when the appendix becomes blocked, often by stool, a foreign body, or cancer. Moreover, it may also occur from infection, since the appendix swells in response to any infection in the body. It may cause right upper quadrant abdominal pain, and may also be felt in the central abdomen. Moreover, details about the abdominal pain are key to its diagnosis. The physician will perform the rebound test to assess pain by applying pressure to specific areas of the abdomen. That is why the said test is really substantial to detect appendicitis.

A parent who lost a child with unresolved health issues would certainly clarify it. Try to visit this site clg09, to know when you can file a claim or not: Medical Mistakes -- A Primer on the Basics of Medical Malpractice . It is a short article from Mr. Haskell, a popular lawyer in Spokane WA that has won a bunch of million dollar legal claims. That will supplement you with information about medical issues, and further widen your horizons about medical malpractice.

Visitor answer 25 February 2012

I am truly sorry for your loss. I wish you the best of luck.

Visitor answer 27 June 2013

If you have been injured due to the actions (or omissions) of a healthcare practitioner, you may have a legal claim for damages. In order to successfully prove your case at trial, your lawyer will present evidence to the court. After hearing both parties’ evidence, the judge or jury will decide if you proved your case on a balance of probabilities.

Medical malpractice lawsuits tend to require complex scientific evidence. Because the judge or jury do not typically have the medical background necessary to understand the evidence presented to them, the parties will use experts to analyze the evidence and provide the court with their expert opinions on what happened.

(removed) Canada Malpractice Ottawa

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