Michigan Wrongful Death Case Goes to Apeal Concerning Post-Surgery Difficulties & Misdiagnosis of  TTP

BARNETT v. HIDALGO, 255318 (Mich.App. 2005) Michigan Court of Appeals. September 13, 2005. On September 16, 1998, plaintiff's decedent, James Otha Barnett III, was admitted to Crittenton Hospital for emergency gallbladder surgery. Dr. Albaran, a general surgeon, performed the surgery. After surgery, Mr. Barnett's blood platelet count was very low, leading the doctor to be concerned about internal bleeding.

Dr. Muskesh S. Shah, a hematologist, determined that Mr. Barnett's platelet count was low because the surgery had exacerbated a preexisting blood disorder known as ITP.[fn2] Mr. Barnett's platelet count increased slightly, although it remained significantly below normal when he was released on September 20. However, Mr. Barnett was readmitted two days later after complaining that he could not think clearly. He was examined by Dr. Hidalgo, a neurologist, who initially suspected that Mr. Barnett had suffered a stroke. Dr. Hidalgo asked Dr. Shah to perform a DIC screen[fn3] to rule out TTP — a fatal, but treatable blood condition in which clots build up in the
small vessels of the body, potentially cutting off blood to the brain.

These tests were performed, but Mr. Barnett's medical records indicate that the results were never reviewed.[fn4]
Dr. Hidalgo subsequently transferred Mr. Barnett to another facility for an MRI on September 24, 1998. Mr. Barnett's condition was unstable at the time of the transfer. He went into cardiac and respiratory arrest and died that day. Mr. Barnett's post-surgery difficulties were actually related to the undiagnosed and untreated blood disorder TTP.

  Before trial, plaintiff stipulated to the dismissal of Crittenton Hospital and Crittenton Corporation. Plaintiff also
settled with Dr. Shah and his professional corporation and stipulated to their dismissal. Dr. Albaran and Dr. Hidalgo sought to file notices of nonparty fault pursuant to MCR 2.112(K), as they alleged that Dr. Shah was wholly at fault for Mr. Barnett's death. The trial court found that the parties were jointly and severally liable and, therefore, denied the doctors' motions.[fn5] At the close of trial, the jury, by special verdict, found that neither Dr. Albaran nor Dr. Hidalgo were liable.

Read more about this wrongful death medical malpractice apeal case at Michigan courts website.

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