Medical Malpractice – Failure To Timely Perform Surgery — Working Diagnosis Of Diverticulitis — Perforated Colon Discovered — Septic Shock, Death — $900,000 Confidential Settlement

Brief Statement of Claim: The decedent was diagnosed with diverticulitis, with a finding of free air under the diaphragm. Surgery was delayed for four days. When surgery was performed, the decedent was found to have two perforations of the colon, resulting in subsequent septic shock and death.

Subsequent pathology reports and an autopsy ruled out the working diagnosis. The actual disease or cause of the perforations could not be determined.

Principal Injuries (in order of severity): Death

Special Damages: At the time of death, the decedent was 52 years old and earned $75,000 per year. He was survived by his wife and two adult children.

Tried or settled: Settled

County where tried or settled: Withheld pursuant to confidentiality agreement

Case Name and number: Executrix v. Two Eastern North Carolina Physicians (further identification withheld under confidentiality agreement

Date Concluded: Feb. 1, 1997

Name of Judge: n/a

Amount: $900,000

Insurance Carrier: North Carolina Medical Mutual

Expert Witnesses and areas of expertise: Larry Reed, M.D., general surgeon; Scott Brazer, M.D., gastroenterologist

Attorneys for plaintiffs: John M. Martin of Ward and Smith, P.A., Greenville

Other Useful Info: n/a