Who Was to Blame for Unnecessary Appendectomy?

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Radiologist mixes up CT scans, but hospital should take most of the blame, says jury in $6M verdict.


ERROR ACKNOWLEDGED The patient was told 5 months later that her "life-saving" surgery had been unnecessary.

Who was to blame when a suburban Philadelphia woman had an unnecessary appendectomy — the radiologist who apparently mixed up her CT scan with that of another patient, or the hospital that relied on the wrong scan and the surgeon who performed the surgery even after what he saw inside the patient didn't match the scan?

In awarding $6 million in damages to the woman, the jury assigned 80% responsibility to the hospital, and 20% to the contracted radiology firm.

According to news reports, the patient, Darlene Hill, went to the emergency room of Taylor Hospital outside of Philadelphia, Pa., in 2009, complaining of abdominal pain. After a CT scan was ordered, a radiologist with Southeast Radiology concluded that she had fluid leaking into the tissue of her abdomen, possibly caused by a perforated appendix or bowel. But the radiologist allegedly failed to compare the scan to previous X-rays and other medical history that would have made it clear that he was looking at a scan from another patient.

After being paged, Allen Gabroy, MD, a now-retired surgeon, also reviewed the scan and told the patient that she needed surgery immediately to save her life. While performing exploratory surgery, he didn't find a perforation, but he removed her appendix anyway, court records show.

Ms. Hill learned 5 months later that her CT scan had gotten confused with that of another patient. Francis Curran, her lawyer, says she suffered nerve damage and has neuropathic pain syndrome and complex regional pain syndrome as a result of the surgery. She was awarded $650,000 in past medical costs, lost earnings and non-economic damages, $3 million in future medical costs, $1.35 million in future lost earnings and $1 million in future non-economic loss.

"We acknowledged the error previously and disclosed it to the plaintiff as soon as we recognized it," says Grant Gegwich, a hospital spokesman. The $6 million award, he says, was "a fair settlement with the plaintiff." John Hiehle, MD, chairman of Southeast Radiology, was out of the office and unavailable for comment. Dr. Gabroy could not be reached for comment.

Jim Burger

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