A Virginia family received a $1 million medical malpractice settlement on behalf of their young son who died after being discharged from a hospital emergency department with an undiagnosed bowel obstruction.
The case, reported by Virginia Lawyers Weekly, involved disputed facts, conflicting testimony, and raised significant questions about the medical care the boy received.
Discharged Without Testing
According to the report, the boy arrived in the emergency department after awakening with vomiting and sudden abdominal pain. He was given anti-nausea medication and, approximately 45 minutes later, Tylenol elixir, which he immediately vomited.
Physicians changed shifts during his emergency department visit, and conflicting accounts emerged regarding what was communicated during the handoff about the child’s ability to tolerate food or liquids. No imaging studies or laboratory tests were ordered before he was sent home.
Once home, he continued to experience symptoms and died later that night. An autopsy determined his cause of death to be a bowel obstruction.
Food and Liquids a Critical Issue
A central issue was whether the boy demonstrated that he could eat or drink without vomiting before he was discharged. The family initially pursued claims against two physicians involved in his care. Before trial, however, they withdrew the first pre-shift change physician, as his testimony showed he followed the applicable standard of care, calling for imaging and bloodwork if the boy was unable to eat or drink without vomiting.
The evidence raised questions about whether anyone actually confirmed the boy could do so. The second physician reportedly relied on food wrappers and drinks in the treatment bay as evidence he had. However, his brother, who was also in the bay, testified that he had actually consumed the items.
The second physician did not recall the brother being in the treatment bay. The conflicting accounts raised an important question about whether medical providers adequately determined that he could tolerate food and liquids before sending him home.
Conflicting Evidence
The family also faced significant factual challenges involving what happened after the boy left the hospital. Testimony conflicted over who was home with him, how his symptoms progressed, and whether he and his brother attended school that day or the following day.
The defense argued that the boy should have been brought back to the emergency department when he continued vomiting after attempting to eat or drink. His attorneys continued to pursue the claim based on the medical care he received during his initial emergency department visit and whether he should have been discharged without further testing.
Family Reaches $1 Million Settlement
Despite the disputed facts and evidentiary challenges, attorneys W. Randolph Robins Jr. and Michael W. Lantz secured a $1 million settlement for the family through direct negotiations. The resolution also includes structured settlements for the boy’s minor beneficiaries, which are expected to more than double the funds ultimately available to his siblings.
No financial recovery can compensate a family for the death of a young son, but the settlement provides financial resources for his surviving family members.
The case also demonstrates how closely the details surrounding an emergency department discharge may need to be examined when a serious medical condition goes undiagnosed. Determining what symptoms providers observed, what information they had, what testing they performed, and why they decided a patient could safely go home can be critical to establishing whether the care provided met accepted medical standards.
Washington, D.C., Medical Malpractice Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Help Families Recover After Devastating Loss
The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates is a premier medical malpractice firm. If you or a loved one has suffered medical harm, call 202-223-4488 or contact us online to schedule a free consultation. Located in Washington, D.C., we serve clients in the surrounding areas.
