Delay in Diagnosis of Bowel Obstruction: $1.5 Million Settlement in Rhode Island

2025 Medical Malpractice Settlement Report
By Attorney William J. Thompson and Julie A. Davis
Providence County Superior Court, Rhode Island

Lawsuit claims emergency department doctor's failure to order imaging to diagnosis of bowel obstruction 

The plaintiff’s decedent’s presented to an Emergency Department with complaints of uterine prolapse, constipation and lower abdominal pain for the past week. Her pulse was 115, and her blood pressure was 140/80. She had not had a good bowel movement for the last week, but she had been passing gas. She had no dysuria and no fevers or chills. 

On examination, her abdomen was noted to be soft, mildly tender to palpation, with positive bowel sounds and no rebound or guarding. The ED doctor reduced her prolapsed uterus, and gave her two enemas noting that the abdominal pain was likely secondary to constipation. The doctor did not order labs or imaging, doubting an acute intraabdominal process. The patient’s heart rate improved to 90. She was encouraged to take Miralax and drink plenty of water. She was discharged and directed to follow up with her primary care physician. 

The next day, she presented with abdominal pain, abdominal distention, nausea and vomiting. Her blood pressure was 90/62, with a pulse of 120. A chest x-ray revealed free air and CT scan demonstrated free fluid in the abdomen and a perforation of the distal colon. She was diagnosed with severe sepsis and septic shock, and taken emergently to the operating room for exploratory laparotomy and abdominal washout. 

She required a descending colon colostomy and omentectomy. Her course was complicated by intraabdominal abscesses, pneumonia, respiratory failure with hypoxia, asystole arrest, need for tracheotomy and PEG, and stage 4 decubitus sacral ulcer. She required several surgeries and remained in SICU for approximately 80 days. Due to her Parkinson’s Disease, she had trouble swallowing and frequent aspiration with oral intake. 

Over the next year and half, she went back and forth from skilled nursing to hospitals dealing with her colostomy bag, intra-abdominal abscesses and wound care for her decubitus ulcer. She deteriorated and died. Her cause of death was cardiac arrest caused by pneumonia and coronary artery disease. 

The plaintiff contended the ED doctor should have obtained lab work, and ordered abdominal imaging which would have led to the diagnosis of bowel obstruction and avoided the perforation, sepsis, septic shock, and the need for permanent colostomy bag and prolonged, ongoing care until her death. 

The case was settled for $1.5 million 

Lubin & Meyer attorneys Andrew C. Meyer, William J. Thompson  and Julie A. Davis represented the plaintiff in this medical malpractice lawsuit.


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