TOO LITTLE, TOO LATE

In Bell v. Hospital, The Estate of Richard Bell filed a malpractice case against Ellis Hospital and Dr. Michele Gorla for failing to timely begin a necessary surgical procedure.

Roland Richard Bell was admitted to the hospital suffering from "metabolic acidosis" on January 13, 2003.

After a CT scan showed extensive abdominal-region damage, Dr. Gorla sought the opinion of the hospital's Chief of Surgery, Dr. A. Syed. Syed scheduled Bell for a consultation the following day at which time it was determined that surgery was necessary.

Unfortunately, despite undergoing the procedures, Bell's condition worsened and he ultimately died.

When the Schenectady County Supreme Court denied Dr. Gorla's motion to dismiss the case brought against her, she appealed to the Appellate Division, Third Department.

According to the AD3, the Estate needed to present expert medical evidence which showed that the one-day delay so deviated from standard medical care that it was the reason for Bell's death.

Interestingly, the AD3 accepted the opinion of an "anonymous" expert witness who opined that the surgical evaluation's delay was inconsistent with established medical standards and was a "factor in bringing about [Bell's] death." Since the AD3 didn't believe dismissal was appropriate, the matter must now proceed to a formal hearing or trial.

"Better late then never" didn't ring a bell with the AD3.