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Trial Win in Death Case

Earlier this year, OGEJS partners Fred Gleaton and Case Maner successfully defended a medical malpractice case through trial and defense verdict in a Superior Court in metropolitan Atlanta.

The plaintiff's deceased husband was 48 year old residential real estate agent and known heavy drinker. The patient presented to a local emergency department with abdominal complaints during morning hours. He was seen by an emergency physician and was discharged home. Decedent returned to the same emergency department later in the evening with complaints of increased abdominal pain and was treated by a second emergency physician. This ordered an abdominal CT scan, which confirmed acute pancreatitis. Decedent was treated decedent with pain medications, IV fluids and instructed him to follow-up the next morning with a gastroenterologist. He was also advised to get plenty of rest and advised to drink plenty of fluids overnight.

The deceased presented to a gastroenterologist as ordered on the following morning and was sent back to the emergency department for the third time. On this occasion he was admitted to the ICU where he was aggressively treated for acute pancreatitis. The patient went on to develop necrotizing pancreatitis, sustained multiple organ failure, and died 10 days later without being released from the ICU.

The plaintiff alleged the standard of care required defendant (the second emergency physician) to have admitted decedent to the hospital on the second ER visit after a confirmed diagnosis of acute pancreatitis. Plaintiff argued that, had decedent been admitted to the hospital at his first emergency room presentation, he would have been aggressively re-hydrated and would not have suffered organ failure and death.

Defendant contended that he met the standard of care because decedent could be safely discharged for close follow-up as an outpatient because his pain was controlled, he was able to tolerate oral fluids and there was no evidence of organ failure.  The jury deliberated for approximately two hours before returning a unanimous defense verdict.