-H
Judgement
Continued from page 1
formed the autopsy] said this was
a sudden catastrophic event that
could not have been anticipated
by the emergency room staff that
day," said Allen.
Beebe Medical Center is sup-
porting Sussex Emergency
Associates. 'Whey're board-certi-
fied physicians, and we continue
to have every confidence in
them," said Sharon Harmon, pub-
lic relations specialist.
The jury found the team negli-
gent in its care because it released
the child from the hospital too
soon. Ventura took her 18-month-
old daughter, Angie, to the A.I.
duPont clinic in Georgetown Feb.
17, when her daughter became ill.
The next day, she took the baby to
Beebe, complaining the child was
still vomiting and had diarrhea.
Allen diagnosed her with viral
gastroenterifis.
He said no one in the depart-
ment saw the child vomit during
her visit to Beebe. "She was treat-
ed in the department by standard
protocol - IV fluids for dehydra-
tion - and testing was done," said
Allen. Her vital signs improved.
"It was noted by four people that
she could take liquids by mouth.
They were all convinced she was
in good shape, and she was smil-
ing."
Allen said the parents were
instructed to return to the hospital
if there was any more vomiting or
diarrhea. The next morning, the
girl went into sudden cardiac
arrest. Because the family had
neither a phone nor a car, Ventura
ran into the street with her baby
cradled to her, and a passerby took
her to Beebe, said Allen.
• From there, she was flown to
A.I. duPont and subsequently to
Jefferson Medical College in
Philadelphia. Those hospitals
attempted to save her, including
surgery, but the girl died Feb. 23.
"We felt terrible about what hap-
pened," said Allen.
Ventura's
attorney, Eric
M. Doroshow,
filed suit
against Allen
Body Works
and Britting
ham in 2001.
He claimed the
baby endured
pain and suf-
DOROSHOW feted for about
a day, and Ventnra suffered and
continues to suffer mental anguish
over the loss of her child.
The jury awarded $700,000 for
pain and suffering, and
$5,950,000 to Ventura for her
anguish. However, at the onset of
the case, Doroshow struck an
agreement with St. Paul
Insurance, which held the Sussex
Emergency Associates malprac-
flee policy. He said representa-
tives agreed that in the event a
verdict was less than $75,000,
Ventura would get at least that
same amount. It also set an upper
limit cap of $750,000 regardless
of the jury's verdict.
Allen said what was most dis-
turbing about
the jury's deci-
sion is experts
during trial
addressed the
issue of death
via dehydra-
tion, the symp-
toms for which
the child did ALLEN
not display.
With severe dehydration, he said,
a patient would progressively
become more lethargic and slip
into a coma. Angle Ventnra didn't
do that. "The child didn't slip into
lethargy," said Alien. Instead, she
suddenly collapsed in her moth-
er's arms. What was at issue dur-
ing the eight-day trial, said
Doroshow, was whether the baby
should have been released from
the hospital during the fwst visit.
"She was very badly dehydrated,"
said Doroshow. "What we
learned is babies are very fragile,"
said Doroshow.
He said his expert witnesses - a
Maine physician, New Jersey
physifian and Pennsylvania nurse
practitioner- said the standard of
care is to at least keep a child that
small for observation, because
dehydration is so serious for
young children. 'Whey all said the
standard of care was breached."
"The jurors were very con-
cemed with the poor record keep-
ing," said Doroshow, noting some
of Brittingham's notes contained
conflicts. "And there were some
late charting entries."
CAPE GAZETTE, Friday, May 2 - May 8, 2003 - 19
"The record keeping was atro-
cious," said Allen, "but-we
learned something." What causes
a dilemma for practitioners, he
explained, is how to take notes
simultaneously while treating
patients. "In emergency medi-
cine, our job is to take care of peo-
ple," he said. "By necessity, we
have to treat first and document
later."
In addition to his bafflement
over the jury's judgment, Allen
expressed concern - on behalf of
many physicians - that such judg-
ments are the cause of many
physicians on the East Coast leav-
ing their practices. 'whe size of
this settlement - it is the reason
medicine is slowly sinking. A few
more cases like this, and there will
be no more malpractice insur-
alice."
St. Paul Insurance, which repre-
sented Sussex Emergency
Medical Associates, has already
left Delaware. Numerous physi-
cians in Pennsylvania have left
that state to practice elsewhere,
have retired or have stopped per-
forming high-risk procedures.
30 Minute Fitness & Weight Loss
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Crisis
Continued from page 9
t.ion of a two story building and
purchasing of new ambulances
contributed tO the financial hard-
ship of Mid-Snssex. Simpson did
note that he is aware that in these
economically lean times, fire
companies have neglected to re-
place old equipment and are run-
ning older models ambulances
that have already been paid for.
"Fire companies are housed in
buildings that are paid for, too,"
Simpson said. "We don't know
yet why Mid-Sussex has run out
of money to operate, but the audit
should help us discover the rea-
sons.
"Until then, all we can do is
guarantee the people that Mid-
Sussex serve that their ambulance
service will not disappear if Mid-
Sussex goes under."
"The state fire service has al-
ready said they will see to it that
ambulance service remains for the
people of Long Neck. We just
don't know yet how that will be
done,"said Bunting.
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