WellStar Paulding Hospital complaint alleges a missed colon perforation before a patient’s death
The complaint alleges that a surgeon perforated the patient’s colon during an August 13, 2009 laparoscopic cholecystectomy at WellStar Paulding Hospital. It alleges he did not notice or treat the perforation before discharging the patient that evening while he was still in severe pain. The next day, his girlfriend called the hospital because his pain medication was not working and his skin had turned cold. A nurse told her she could not increase his pain medication and that he should see his surgeon the next day. He was found unresponsive hours later and pronounced dead, and an autopsy attributed his death to acute post-cholecystectomy peritonitis.
Overview
This page concerns a public complaint alleging that a surgeon did not notice a colon perforation from a gallbladder operation. It alleges a hospital nurse then delayed the patient’s return to care before he died of peritonitis.
Chronology
The complaint alleges as follows:
- On August 13, 2009, a surgeon performed a laparoscopic cholecystectomy at WellStar Paulding Hospital, and the complaint alleges he perforated and missed a colon injury.
- The patient’s pain score reached 11 out of 10 by 7:37 p.m. He was discharged around 8:30 p.m. without a further pain check.
- On August 14, 2009, his girlfriend called the hospital because his pain medication was not working and his skin had turned cold.
- A nurse told her she could not increase his pain medication and that he should see his surgeon the next day.
- He fell asleep around 10 p.m. and was found unresponsive around 4 a.m. on August 15, 2009.
- Paramedics took him to WellStar Paulding Hospital, where he was pronounced dead.
- An autopsy found his cause of death was acute post-cholecystectomy peritonitis, with 350 milliliters of feculent fluid in his abdominal cavity.
Alleged failures
The complaint alleges the following failures:
- The complaint alleges the surgeon did not exercise the skill and care the procedure required.
- The complaint alleges a nurse’s phone advice caused an unnecessary delay in diagnosing and treating his peritonitis.
- The complaint pleads, in the alternative, that the nurse’s conduct was gross negligence.
- The complaint pleads negligence against the surgeon and the nurse and vicarious liability against the hospital, and attaches expert affidavits under O.C.G.A. § 9-11-9.1.