Delayed Gallbladder Care. A Suffolk County jury returned a $13 million verdict for the family of a 73-year-old husband and father who lost his life after a four-day delay in treating his infected gallbladder. The case was tried by Judith A. Livingston of Kramer, Dillof, Livingston & Moore, a leading medical malpractice attorney known for presenting complex evidence with clarity and precision.
At its core, this case shows what happens when urgent medical care is delayed and communication inside a hospital breaks down.
What Happened
In early June 2015, the patient arrived at the Hospital by ambulance. He was diagnosed with cholecystitis, an infected gallbladder that often requires prompt surgery.
A surgical consultation was requested on June 5, surgery did not take place until the evening of June 8.
By then, the infection had progressed to gangrene and necrosis. What began as a treatable condition escalated into a life-threatening medical crisis.
Missed Opportunities for Timely Care
Evidence showed several points where timely action could have prevented the infection from spiraling out of control.
Failure to Perform Early Surgery
From June 5 onward, the surgical team had the information needed to remove the infected gallbladder. The delay allowed the infection to worsen.
Lack of Urgent Cardiology Follow-Up
The defense argued the delay was due to the need for cardiac clearance. The plaintiffs showed that neither surgeon took steps to expedite that clearance.
No Interim Drainage Procedure
If surgery was going to be delayed, draining the gallbladder could have helped control the infection. This option was never pursued.
No Repeat CT Scan
Despite the ongoing delay, no updated imaging was ordered to check whether the condition was deteriorating.
These gaps created a dangerous window where the infection spread unchecked.
Medical Consequences of the Delay
By the time surgery took place, the damage was severe. The gallbladder was necrotic and gangrenous. After the procedure, the patient required reintubation and immediate transfer to the ICU.
He spent the next sixty-five days in critical care. During this period, he:
- Could not breathe without mechanical support
- Could not speak, eat, or drink
- Required multiple drains and procedures
- Developed sepsis and necrotizing pancreatitis
The jury heard unchallenged testimony about the extent of his pain and suffering throughout those final weeks.
Who He Was
The decedent was a devoted husband, father, and caregiver. He and his wife were married for 52 years and raised seven children, including four adopted after fostering. Two adult sons lived with them and relied on him daily, one with severe developmental delays and one who is legally blind.
His retirement was spent caring for his family. His passing created an immeasurable loss. His wife passed away two months later.
The Plaintiffs’ Case
Judith A. Livingston and her team demonstrated that:
- Surgery performed on June 5, 6, or 7 would have prevented the infection from advancing.
- The surgeons failed to act with urgency.
- If cardiac clearance was required, the surgeons were responsible for securing it quickly.
- No drainage procedure was attempted during the delay.
- No repeat CT scan was ordered despite clear indications.
Expert testimony supported that these failures directly caused the medical cascade that ended the patient’s life.
The Defense Position
The defense claimed:
- The patient remained stable during the delay.
- Cardiology clearance was necessary before surgery.
- The timing of the procedure was appropriate.
The jury disagreed.
The Jury’s Findings
After nine days of testimony and four hours of deliberation, the jury found that one provider departed from accepted practice by failing to expedite cardiac clearance. Another provider departed from accepted practice by delaying surgery, failing to expedite cardiac clearance, failing to order a repeat CT scan, and, for most jurors, failing to order a drainage procedure. The jury allocated 85 percent of the fault to the second provider and 15 percent to the first. They concluded these failures were substantial factors in causing the injuries and death.
The $13 Million Award
The damages reflected both the patient’s suffering and the family’s loss:
- $5,000,000 for pain and suffering
- $1,000,000 for his wife’s loss of services (June–August 2015)
- $1,000,000 for loss of her husband for the later period
- Multiple awards for loss of parental guidance for each child
Total: $13,000,000
This verdict acknowledged the depth of the harm and the life the decedent lived.
Why This Case Matters
This case shows the high cost of delayed care when a known infection can become life-threatening. Time matters. Communication matters. Monitoring matters.
A delay of only days changed the course of this patient’s life. Hospitals and physicians must act decisively when a patient presents with an urgent condition. Families trust medical professionals to act swiftly and responsibly. That trust requires coordinated, timely care.
Closing Thoughts
The loss in this case is a reminder that medical negligence has real consequences for real families. Through the work of Judith A. Livingston, accountability was achieved and the full story was brought to light.
The verdict stands as a message: timely care saves lives. When the system fails, justice must be delivered.