On Nov. 16, 2011, plaintiff’s decedent, a 55-year-old father, presented to the emergency room of a private hospital with complaints of abdominal pain and nausea. He was eventually diagnosed with an incarcerated bowel obstruction and diaphragmatic (Morgagni) hernia. Later that day, he was transferred to another hospital for further care and treatment. The patient then underwent laparoscopic repair of the hernia on Nov. 17, 2011. Approximately 90 minutes post-operation, the patient began bleeding internally. As a result, he was brought back to the operating room, where a laceration of the right ventricle was found, allegedly caused by the surgeon who performed the laparoscopic repair. It was revealed during discovery that the laceration occurred when the surgeon used a staple that was too large to match the mesh piece. The patient ultimately died the next day, on Nov. 18, 2011. The decedent’s son, acting individually and on behalf of his father’s estate, sued the health maintenance organization that performed the decedent’s surgery. Plaintiff’s counsel noted that in deposition, the surgeon admitted that he was not a cardiovascular surgeon and that, in fact, there was no cardiovascular surgeon on staff at the subject hospital. Counsel also noted that an arrangement was in place to allow access to such a specialist by contacting a medical facility outside of the HMO. However, plaintiff’s counsel contended that there was no documentation showing that any attempt was made to contact the outside cardiovascular surgeon. Thus, plaintiff’s counsel contended that the operating surgeon committed malpractice and that the facility, by reason of its inability to properly care for the decedent once the complication had occurred, was negligent in undertaking the procedure without adequate staffing. The HMO surgeon testified that once the laceration of the decedent’s right ventricle was found, he did make the call to an outside cardiovascular surgeon and the decision was made to transfer the decedent. However, the surgeon noted that even though the patient was transferred to a specialist, he died the next day., The decedent was discovered to be bleeding internally and was brought back to the operating room, where a laceration of the right ventricle was found. He was then transferred via ambulance, while his chest was still open. The decedent then underwent another laparoscopic surgery, this time on the right ventricle, but died the following day, on Nov. 18, 2011. He never regained consciousness. The decedent’s son sought recovery of wrongful death damages for the loss of his father, who was allegedly an otherwise healthy man prior to surgery.