CHCC, MMC sued for negligence and medical malpractice

BERNADITA T. Palacios has filed a complaint in Superior Court against the Commonwealth Healthcare Corp. and Marianas Medical Center for failing to diagnose her symptoms of appendicitis.

Represented by attorney Anthony Aguon, Palacios is suing CHCC and MMC for negligence, medical malpractice, and negligent infliction of emotional distress.

The lawsuit also asks the court to order mandatory mediation.

If mediation is unsuccessful, Palacios is requesting the court to issue an order awarding her an undetermined amount of damages against CHCC and MMC.

Her lawsuit is also seeking an award for attorney’s fees and costs, and other relief.

Background

According to her complaint, on March 29, 2021, Palacios went to CHCC to seek medical care. 

At CHCC, Palacios complained of abdominal pain to her attending doctor. 

The abdominal pain presented a clear sign of appendicitis, her lawsuit stated.

However, despite Palacios’ expressed symptoms, CHCC did not perform a test to determine whether she did suffer from appendicitis, the lawsuit stated.

 Instead, CHCC prescribed methocarbamol, a muscle relaxant, and recommended Tylenol, a pain reliever, and told her to see her personal care doctor in 1-2 weeks. 

 On March 30, 2021, Palacios went to Marianas Medical Center seeking medical care. 

 At MMC, Palacios complained of abdominal pain and loose stools.

 The abdominal pain presented a clear sign of appendicitis, her lawsuit stated.

However, despite Palacios’ expressed symptoms, MMC did not perform a test to determine whether she did suffer from appendicitis, the lawsuit added.

Instead, Palacios was only prescribed pain medication which made her appendicitis worse, her lawsuit stated.

On April 5, 2021, Palacios described her symptoms to her daughter-in-law, who is a nurse, over the phone.

 Palacios’ daughter-in-law asked her to touch her abdomen to find out if she felt any pain. 

 Palacios said her abdomen did in fact hurt to touch. 

The daughter-in-law said she recognized the symptoms of appendicitis and told Palacios to rush to the hospital or else she would die.

 At CHCC, Palacios was diagnosed with acute complicated appendicitis with perforation and abscess. 

 She had to undergo surgery because of a life-threatening diagnosis.

Palacios was discharged from CHCC on April 8, 2021. 

As a result of the misdiagnosis by the defendants, Palacios said she suffered severe emotional distress which has impaired and injured her emotional tranquility.

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