July
25, 2009
Colleyville, Texas
Two
Colleyville Physicians Provide Incorrect Treatment
Because of Radiologist Incorrect Diagnosis
A Tarrant County District Court jury returned a
$229,633.58 verdict in a medical malpractice lawsuit
involving a missed appendicitis diagnosis, of a 49
year old patient in 2005. Colleyville attorney David
G. Hart of the Hart Law Firm represented James
Bowers, the plaintiff in this case against the
defendant, Michael Hinzmann, M.D.
Bowers went to the emergency room at Harris
Methodist HEB on April 18, 2005 with abdominal pain
and nausea and was diagnosed with diverticulitis
after Hinzmann, the radiologist, read the CT scan
and stated in his radiology report that Bowers had
probable diverticulitis. Bowers was allowed to leave
the hospital, but came back late the next night
complaining about the same pain. Bowers was treated
by two Colleyville physicians, Dr. James Nackley and
Dr. Robert Sewell, who continued to treat him for
diverticulitis because of Hinzmann’s incorrect CT
findings. Bower’s appendix eventually ruptured
sometime before May 2, 2005, when another CT was
performed and was once more read my Dr. Hinzmann.
Again, Hinzmann did not diagnose appendicitis on the
CT report, but later called Dr. Nackley to tell him
that Bowers might have appendicitis. Mr. Bower’s
developed an abscess because of the delay, and his
appendix and the surrounding infection had to be
removed in an open procedure. Mr. Bowers also
sustained a severe wound infection that took months
to heal because of the delay in diagnosis.
Bower’s attorney, David Hart, argued in court that
if Hinzmann had properly diagnosed appendicitis on
April 18, 2005, when Mr. Bowers first visited the
emergency room, that the surgeon could have
performed a laparoscopic appendectomy and Mr. Bowers
could have gone back to work in about a week,
without having any future complications. By the time
that Bowers had undergone the open procedure, his
appendix had abscessed and the physicians were
forced to leave his wound open until it healed
months later. Bowers also missed a month of work and
had to be treated frequently by a home healthcare
nurse.
Attorney David Hart stated that Dr. Hinzmann’s
insurance company, Texas Medical Liability Trust,
refused to make any offer to settle the case. The
case was tried in the 153rd District Court of
Tarrant County, Texas, Judge Kenneth Curry,
presiding, and the judgment was signed on July, 15.
David Hart is a long
time resident of Colleyville. He can be
reached at his Colleyville office by calling
817.329.7020.
|
The Hart Team |
|
|
