Minor suffers burst appendix as a result of physicians’ failure to diagnose in San Jose Medical Malpractice Case

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)


According to court records: Plaintiff minor was examined, diagnosed, and treated between October 14 and October 22, 2004, by personnel of “Clinic”, in San Jose, California. Plaintiff minor, through her guardian ad litem, claimed that she was brought into the Clinic, a federally supported health center, with clear signs and symptoms of appendicitis. Instead, the Clinic treated her for cystitis. Plaintiff claimed that, despite returning several times, a correct diagnosis was never made.

Plaintiff said that eventually her appendix ruptured, resulting in the formation of pelvic abscesses and scar tissue. Due to the advanced stage of her condition at the time of diagnosis at San Jose HOSPITAL, she was initially treated non-surgically with antibiotics. Plaintiff developed multiple complications, including persistent abscess, pelvic scarring, Gentamicin toxicity, renal failure,hypertension, and permanent hearing loss.

Defendant filed a third-party complaint against HOSPITAL for indemnity, comparative indemnity, and contribution. Defendant argued that when plaintiff was taken to HOSPTIAL, she was seen by an emergency room physician. Radiology tests were performed which showed evidence of free fluid in plaintiff’s abdomen, caused by a perforated appendix. The diagnosis was confirmed by third-party defendant “D”, a pediatric surgeon. Third-party defendant “D” administered three antibiotics, including Gentamicin. During plaintiff’s stay, she was seen by third-party defendant “D”, third-party defendant “H” and two nurse practitioners.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

On November 24, 2004, following numerous follow-up visits to third-party defendants, plaintiff presented to the emergency room at HOSPITAL and was diagnosed with acute renal failure.

According to court records:

Persistent abscess; pelvic scarring; Gentamicin toxicity; renal failure; hypertension; permanent hearing loss.

According to court records:

$1,350,000 past and future medical expenses and loss of earnings; $250,000 general or non-economic damages.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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