Lindsay Forlines, left, and Michael Frankson deliver openings at trial against a physician over the sepsis-related death of a Georgia man days after he underwent bowel surgery. Watch the trial.
Macon, GA— Attorneys previewed evidence surrounding the medical care of a Georgia man and the post-operative complications that led to his death, as trial opened against one of the doctors who treated him. Roberts, et al. v Cogent Healthcare of Macon, LLC, et al., 21-SCCV-093457.
Lonnie Roberts, 61, died from septic shock in January 2020, 15 days after undergoing surgery to remove a mass from his intestine. Roberts’ widow, Patti Roberts, contends the hospitalist that treated her husband following his surgery, Dr. Vikram Sangani, failed to properly follow up on signs of a leak in the seam created in his intestinal tissue during surgery, called an anastomosis, which ultimately led to his fatal sepsis.
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During her opening statement Monday, Patti Roberts’ attorney, Chance Forlines Carter & King’s Lindsay Forlines, walked jurors through Lonnie Roberts’ post-op care. She said evidence would establish Roberts showed several signs of an anastomotic leak, including reports of worsening pain, abdominal distension, and abnormal lab results.
Forlines added that radiology reports also showed air in Roberts’ abdomen, which she said is considered to be a sign of a leak or perforation until proven otherwise. Nonetheless, she said, Sangani did not order a CT scan that could have revealed the leak, or otherwise follow up on Roberts’ symptoms.
“If you are a doctor caring for a patient and you see concerning signs or symptoms, and radiology warnings, you must say something, or, of course, do something,” Forlines said. “Dr. Sangani… failed to act on or communicate those findings. And, as a result, the evidence will show you that Mr. Roberts did not receive the care he needed for that leak, and he died.”
But the defense contends Sangani’s treatment role was limited and following up on signs of a leak were not part of that responsibility.
In his opening statement, Huff Powell Bailey’s Michael Frankson told jurors that Sangani, as a hospitalist, was only one member of a team of physicians, including a surgeon, nephrologist, and intensivist, treating Roberts following his surgery.
Frankson told jurors that, during the time at issue, in which Roberts was in an intensive care unit, the intensivist on the team managed overall care, while the responsibility for following up on any potential anastomotic leaks fell within the purview of the surgeon. Frankson said Sangani’s role during that period was only to follow Roberts for continuity of care, presuming he would eventually be moved out of the ICU.
“[The case] is ultimately about whether it is reasonable for Dr. Sangani to trust specialists to do their job, with their training and their experience, that he does not have,” Frankson said. “This is not about a condition that Dr. Sangani diagnoses and treats. He is not a surgeon.”
The trial’s first phase, on liability alone, is expected to run through the week. A second phase, on damages, would begin after the verdict in the liability phase, if necessary.
Email Arlin Crisco at acrisco@cvn.com.
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