A 14-year-old girl was brought to a hospital emergency room with complaints of abdominal pain, nausea and vomiting, and was diagnosed with constipation. When the pain and vomiting did not subside, she was taken to see the nurse practitioner at her pediatrician’s office on three separate occasions. The nurse practitioner also diagnosed the condition as constipation but failed to conduct any tests which would have determined the actual source of the problem. When our client returned to see the nurse practitioner for a fourth time, two weeks had passed since she was first told she was suffering from constipation. With still no relief from her symptoms, the teenager was sent for a sonogram and it was discovered her appendix had ruptured which required its removal.
At trial, Finz attorney John S. Kanzler argued to the jury that the defendant, in failing to conduct earlier tests, departed from good and accepted medical practice, which resulted in a delay in treatment, causing the ruptured appendix. The trial concluded when the Nassau County jury found in favor of our client.