Georgia case library

WellStar Kennestone complaint alleges a retained appendix before recurrent appendicitis and a second surgery

The amended complaint alleges that a surgeon performed a laparoscopic appendectomy on a patient at WellStar Kennestone Hospital on August 20, 2010. The pathology report stated ’no appendix identified.’ The patient had recurrent abdominal pain more than a year later. A November 29, 2011 CT scan showed evidence of acute appendicitis despite his earlier surgery. A different surgeon removed his appendix in a second operation on January 10, 2012. The patient’s wife also brings a loss-of-consortium claim over the effect of his injuries on their marriage.

System
WellStar Health System
Facility
WellStar Kennestone Hospital
Providers involved
David Elwood, MD / WellStar Surgical Associates of Marietta, LLC / WellStar Medical Group, LLC / WellStar Health System, Inc. d/b/a WellStar Kennestone Hospital
Pattern
Alleged failure to identify and remove the appendix during a laparoscopic appendectomy
Harm
Alleged recurrent appendicitis and a second surgery

Overview

This page concerns a public complaint alleging that a surgeon did not remove a patient’s appendix during an appendectomy. A second surgery followed more than a year later.

Chronology

The complaint alleges as follows:

  1. The patient was seen in the WellStar Kennestone Hospital emergency room on August 20, 2010 and diagnosed with acute appendicitis.
  2. A surgeon performed a laparoscopic appendectomy that day after mobilizing the distal ileum and the proximal ascending colon.
  3. The pathology report stated ’no appendix identified.’
  4. The patient had recurrent abdominal pain on November 29, 2011, and a CT scan that day showed evidence of acute appendicitis.
  5. A different surgeon removed the patient’s appendix in a second operation on January 10, 2012.

Alleged failures

The complaint alleges the following failures:

  • The surgeon did not properly identify and remove the patient’s appendix during the August 20, 2010 operation.
  • The filing alleges that this failure caused the recurrent appendicitis and the need for the second operation.
  • The complaint pleads medical malpractice against the surgeon and, through agency allegations, all three WellStar entities, plus loss of consortium. It attaches an expert affidavit.

Entities and tags

WellStar Kennestone HospitalWellStar Health System, Inc.WellStar Medical Group, LLCWellStar Surgical Associates of Marietta, LLCDavid Elwood, MDLaparoscopic appendectomyRecurrent appendicitisFulton CountySurgical errorGeneral surgeryEmergency medicine