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Lawsuit Claims Inadequate Headache Treatment Resulted In Death

"If she had had a CAT scan that night, she'd be here today."

by Teri Robert
for About.com

Updated: July 29, 2006

About.com Health's Disease and Condition content is reviewed by the Medical Review Board

On this site, weemphasize when your headaches or Migraines are different than your "usual" patterns or if you have the worst head pain you've ever experienced, seek emergency care. When someone with no history of Migraine or other head pain disorders experiences severe or prolonged head pain, we emphasize the same thing, "Get to your doctor or emergency room as soon as possible."

That's exactly what Rachel King, age 25, did on February 19. She'd been suffering from mild headaches for several days, but the pain suddenly became severe, and she began vomiting. James, her husband, drove her to the emergency clinic at Sonora Community Hospital in Tuolumne City, California.They arrived at the clinic at approximately 4:30 p.m.

According to Mr. King, the clinic was busy, and Mrs. King vomited five times during the two hours she waited to be seen. When she was seen, a nurse, Dr. Gordon Raskin, and Dr. Penny Ablin each asked if she had any history of headaches or Migraine. Mr. King says his wife told each of them that neither she nor any of her family had any history of headaches or Migraine. A pregnancy test was ordered, and the results were negative. Mrs. King was given an injection of Demerol and a prescription for Vicodin and released with no further diagnostic tests having been performed and her pain not relieved.

About 3:00 a.m. the next morning, Mr. King awoke, hearing Mrs. King's labored breathing. When he couldn't wake her, he called an ambulance. The ambulance took her back to Sonora Community Hospital. A CAT scan showed that she had a large intracerebral bleed with acute hydrocephalus, and an uncal herniation. She was flown by helicopter to Modesto's Doctors Medical Center. Doctors there operated to drain the fluid, but the surgery came too late, and Mrs. King died at Doctors Medical Center.

Nancy Hersh of the plaintiff rights law firm Hersh & Hersh has filed a negligence suit against the hospital and the two doctors on behalf of Mr. King. Ms Hersh stated, "I've been doing these cases for 30 years, and this is an especially egregious case of negligence ... It was a completely unnecessary death ... When someone comes in with symptoms of a problem in the brain -- potentially life threatening, with nausea, vomiting, a headache with no history of migraines or other headaches, there is no way to diagnose the problem without looking inside. It's a very simple matter of ordering a CAT scan, and why they didn't do it is beyond me. That's what makes it negligent."

A statement from the hospital said, ""We want to express the confidence that we have in the final medical staff at SCH, and the physicians that staff our Indian Rock Prompt Care."

Mr. King stated, "To lose the best and most important person in your life is almost unbearable ,,, Then to understand that her loss was completely avoidable, unnecessary... If she had had a CAT scan that night, she'd be here today. There are two things I'm in this for: The parties involved need to be held accountable, and I'd like help reduce the chances of this occurring to someone else."

While such cases are not common, it is important to know that if you do not have a history of headache or Migraine or if you do and your head pain is worse than is usual for you or accompanied by additional symptoms that you do not usually experience, you need to seek emergency care. In such instances, politely but firmly insist that diagnostic tests be performed to rule out serious problems before you are discharged. Unfortunately, there are times when we do need to question doctors and be insistent about our care. Remember that, and please, be safe.

Resources:

"Hersh & Hersh Files Wrongful Death Suit, Charges Sonora Community Hospital Rendered Careless Diagnosis and Treatment, Leading to Patient's Death." Business Wire (via ClariNet). September 15, 2003.

DeLacy, Ron. "Doctors face negligence lawsuit." The Modesto Bee. October 5, 2003.

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