Case details

Labs not needed after patient responded well, hospital argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
abdominal pain., nausea, vomiting
FACTS
At approximately 8:45 p.m. on Nov. 20, 2012, plaintiffs’ decedent Eric Lopez, 27, a part-time worker for a lighting company and a deejay, presented to the emergency room at Antelope Valley Hospital, in Lancaster. He gave a three-day history of severe abdominal pain, nausea and vomiting. Upon presentation, his initial vital signs included elevated blood pressure and heart rate. At triage, Lopez reported his abdominal pain as being a “10” out of 10. No lab work or imaging studies were ordered during the emergency room visit, and Lopez was evaluated by Nurse Practitioner Vicki Miranda at approximately midnight. She performed a physical examination, including an abdominal examination, which was entirely benign with no abdominal symptoms noted. Lopez also reported no pain on examination. As a result, Lopez was given one liter of I.V. fluids and Zofran for nausea and vomiting. Lopez was re-evaluated at approximately 2 a.m. on Nov. 21, 2012. He denied any abdominal pain at that time and reported no other symptoms. A follow-up abdominal examination performed by Miranda was also negative. As a result, Lopez was discharged with instructions to return to the emergency room in 12 hours if his symptoms did not clearly improve. He was also instructed to return to the emergency room immediately if his symptoms got worse at any time. Lopez did not follow-up in the emergency room. However, he was found dead in his bed at home in the afternoon on Nov. 24, 2012. An autopsy listed the cause of death as metabolic consequences of diabetes mellitus. It also noted that Lopez had a plus-four urine glucose reading and a blood sugar level in excess of 500. The decedent’s parents, plaintiffs Ana Paez and Juan Lopez, sued Antelope Valley Hospital and Miranda. Prior to trial, defense counsel moved for summary judgment based on a statute of limitations, and it was granted in favor of Miranda. Accordingly, the matter proceeded to trial against the hospital only on the claim that Miranda was the hospital’s ostensible agent. (There was no independent theory of liability against the hospital and the non-physician staff.) Plaintiffs’ counsel contended that the standard of care mandated, at a minimum, that a complete set of labs, including a complete blood count and comprehensive metabolic panel, be ordered. Counsel also contended that the results of those tests would have undoubtedly revealed a significantly elevated blood sugar level, which would have prompted further treatment for the decedent’s new onset of diabetes and would have caused the decedent to survive. The plaintiffs’ emergency medicine expert opined that Miranda should have ordered a CT scan of the abdomen in light of the presenting complaints of abdominal pain. The expert also opined that Miranda should have consulted with the attending physician prior to discharging the decedent. Defense counsel contended that the standard of care did not require Miranda to order lab work in light of the patient’s response to IV fluids and Zofran. Counsel also contended that a total of three abdominal examinations were performed during the decedent’s emergency room visit and that all three examinations were negative, with no pain or tenderness elicited. In addition, defense counsel contended that the decedent denied any history of diabetes at the time of his initial presentation to the emergency room., Eric Lopez died on Nov. 24, 2012. He was 27. The autopsy listed his cause of death as metabolic consequences of diabetes mellitus. It also noted that Lopez had a plus-four urine glucose reading and a blood sugar level in excess of 500. The decedent’s parents, Ana Paez and Juan Lopez, sought recovery of wrongful death damages for the loss of their son and youngest child. The family, which included the decedent’s two older siblings, claimed that they were close with the decedent. According to plaintiffs’ counsel, the parties stipulated that if the hospital was found liable, then it would pay $50,000 in additional economic damages.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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