MEDICAL MALPRACTICE. Psychiatry. $______ VERDICT

• Pages: 12-13

was referred to a gynecologist oncologist who re-

viewed the plaintiff’s studies and raised concern for

ovarian malignancy.

The plaintiff was advised to get an MRI and if the MRI

suggested malignancy, have the tumor taken out

laparoscopically before 21weeks gestation. The MRI

indicated a mass that had to be removed in order to

ascertain malignancy. On April 8, 2009, the female

plaintiff underwent an exploratory laparotomy and left

salpingo oophorectomy and she was diagnosed

stage 1c ovarian cancer. Due to her pregnancy, no

treatment was started until she delivered her third

child via C-section on August 9, 2009, at which time

she also underwent a total hysterectomy followed by

five cycles of chemotherapy.

By 2010, she was considered disease free. Her can-

cer returned in 2014 and she has been diagnosed as

stage III. The plaintiff maintained that the defendants

were negligent in failing to properly read and inter-

pret imaging studies, failing to defer to the radiologist

report that suggested further investigation into the

type of mass identified in the imaging, and failing to

recognize that a growing, septated cyst with mural

nodularity was indicative of ovarian malignancy.

The defendants denied all allegations of negligence

and maintained that the plaintiff presented with a

small left ovarian growth in 2005 that was followed by

ultrasound, CT scan and MRI. The cyst demonstrated

small incremental growth consistent with a benign

process which did not warrant further investigation.

When the cyst was noted to be approximately 10 cm

the plaintiff was properly referred by the defendants

to an oncologist for treatment.

The case went to trial against the defendant doctor

who physically examined the left ovary during the C-

section only, all other defendants were dismissed

prior to trial. The jury found no negligence on the part

of the defendant.

REFERENCE

Donna and Brian Serfass vs. Richard Carapellotti M.D.

Case no. 2010-29069; Judge Thomas DelRicci, 11-

09-16.

Attorney for plaintiff: Thomas R. Kline of Kline &

Specter, P.C. in Philadelphia, PA. Attorney for

defendant: Benjamin Post of Post & Post LLC in

Berwyn, PA.

Psychiatry

$37,500 VERDICT

Medical Malpractice – Psychiatrist Negligence –

Plaintiff’s decedent presents to clinic and comes

under care of defendant psychologists with

homicidal and suicidal ideation and still,

defendants release decedent who then fatally

shoots her estranged husband and herself –

Failure to properly treat decedent’s depressive

and homicidal thoughts.

Montgomery County, PA

The plaintiff, in this wrongful death action, is the

son of the decedents. He maintained that his

parents were having marital issues and his

mother was suicidal due to the disintegration of

the marriage. The female decedent voluntarily

presented to the defendants with complaints of

suicidal thoughts, and reports that she would kill

her husband before living without him in divorce.

Despite reporting these thoughts, the defendants

discharged the decedent from inpatient care and

sent her home. Several weeks later, the decedent

shot her husband in the head and shot herself in

the head. The defendants maintained that the

decedent was provided care that, at all times,

complied with psychiatric standards of care.

On May 6, 2009, the plaintiff’s female decedent vol-

untarily committed herself the defendant clinic for

psychiatric care. She presented with homicidal

ideation and suicidal ideation. The events precipitat-

ing this admission stem from marital discord in which

the female decedent’s husband had moved out the

marital home due to marital issues. The female dece-

dent reported at admission that the marital problems

started after the death of her bipolar daughter by sui-

cide in 2002. The female decedent had been pre-

scribed Paxil following her daughter’s suicide, but had

recently gone off the medication. The intake assess-

ment at admission was severe suicidal and homicidal

ideation with the decedent expressing that she

“could not live without her husband,”including

depression, anxiety and admission for at least five to

seven days.

Over the next two days, the decedent presented to

group therapy, but did not participate. On May 9,

2009, the decedent was discharged from the facility

with a prognosis written by the defendant as “good.”

Over the next few weeks, the decedent presented to

the defendant facility for group therapy where she re-

ported low mood, and was noted to be agitated,

make little eye contact and expressed scattered

thoughts.

The decedent was discharged from therapy on June

14, 2009. She was prescribed medication and her

prognosis listed by the second defendant psychiatrist

was reported as fair. On June 26, 2009, the female

decedent met her estranged husband for dinner and

while sitting in a truck, shot the male decedent in the

head and then shot herself in the head. The male de-

cedent died on June 26, 2009 from his gunshot

wound and the female decedent died on July 8,

2009, from her gunshot wound.

12 VERDICTS BY CATEGORY

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