$6.7 Million Jury Verdict for Failure to Timely Diagnose and Treat Intestinal Perforation

Thomas Jackson, 57, underwent a hernia repair surgery by a general surgeon, the defendant, Dr. Kenneth Goldman.  Hours after the surgery, Jackson complained of severe stomach pain.  His condition deteriorated overnight;  the next morning Jackson developed a fever and a rapid pulse.

The hospital staff noted a decrease in urine output and an elevated white blood cell count, a sign of possible infectious process. The next day Jackson went into organ failure.

Jackson was later diagnosed as having an infection resulting in an intestinal perforation. He then went into surgery to repair the perforation, but spent six months in intensive care, where he developed severe pressure sores.

Jackson underwent physical therapy, but he requires a wheelchair and assistance with daily living activities.  He has not returned to his work as a millwright earning about $32,000 a year.

Jackson and his wife brought a lawsuit against Dr. Goldman and the hospital claiming that their collective failure to timely diagnose and treat the intestinal perforation was the cause of Jackson’s injuries.  It was alleged in the lawsuit that Jackson should have been immediately returned to surgery the morning after the hernia operation to repair the perforation.

The hospital agreed to settle the case for $950,000.  With respect to Dr. Goldman, a high-low agreement was reached with the high being the doctor’s $2 million insurance policy limits.  The jury entered a verdict for $6,700,000 effectively causing the high of $2 million to be paid in compensation for the jury’s veridct.

The attorney representing the Jackson family was Benjamin A. Land.

Jackson v. Goldman, No. SU03CV-4116 (Ga., Muscogee Co. Super. Nov. 13, 2013).

Kreisman Law Offices has been successfully handling hospital negligence cases, medical negligence cases, surgical errors and nursing home abuse cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Chicago (Andersonville, Belmont Harbor, Bronzeville, Bucktown, Chinatown, East Village, Garfield Ridge, Humboldt Park, Jefferson Park, Lincoln Square, Old Town, Rogers Park), Berwyn, Barrington, Aurora, Burbank, Bolingbrook, Romeoville, Downers Grove, Frankfurt, Forest Park and Glen Ellyn, Ill.

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