P. Cahill

The plaintiffs brought a medical malpractice action against an emergency room physician following the death of Elisha Shaw.

Ms. Shaw presented to the emergency room with severe abdominal pain radiating to her back, having previously undergone bariatric surgery.

The defendant physician discharged her without a surgical consult, despite her pain remaining unmanaged and a CT scan indicating a possible internal hernia.

Ms. Shaw returned to the hospital the next day, required emergency surgery for an ischemic bowel, and subsequently died.

The court found that the physician breached the standard of care by failing to request an urgent surgical consult and that this negligence caused Ms. Shaw's death, as earlier intervention would have prevented the bowel necrosis.

Damages were awarded to the estate and family members under the Family Law Act.