THE medical malpractice lawsuit filed by Bernadita T. Palacios against the Commonwealth Healthcare Corp. has been dismissed by the Superior Court.
Associate Judge Wesley Bogdan granted the stipulation filed by Palacios and CHCC requesting dismissal without prejudice. Without prejudice means the lawsuit can be refiled.
The reason for the stipulation was not stated in court documents.
Palacios earlier named CHCC and Marianas Medical Center as defendants in her lawsuit which alleged that they failed to diagnose her symptoms of appendicitis.
Palacios, represented by attorney Anthony Aguon, sued CHCC and MMC for negligence, medical malpractice, and negligent infliction of emotional distress.
Following the dismissal of the lawsuit against CHCC, the only remaining defendant is MMC.
The lawsuit is also asking the court to order mandatory mediation. If mediation is unsuccessful, Palacios said the court should issue an order awarding her an undetermined amount of damages.
According to the complaint, on March 29, 2021, Palacios came to CHCC seeking medical care.
At CHCC, Palacios complained of abdominal pain to her attending doctor. The abdominal pain presented a clear sign of appendicitis, the lawsuit stated.
However, according to the lawsuit, despite Palacios’ expressed symptoms, CHCC did not perform a test to determine whether she did indeed suffer from appendicitis.
Instead, CHCC prescribed Palacios methocarbamol, a muscle relaxant; recommended Tylenol, a pain reliever; and told her to follow up with her personal care doctor in one to two weeks.
On March 30, 2021, Palacios came to Marianas Medical Center seeking medical care. She complained of abdominal pain and loose stools.
Her abdominal pain presented a clear sign of appendicitis, the lawsuit stated.
However, despite Palacios’ expressed symptoms, MMC did not perform a test to determine whether she suffered from appendicitis, the lawsuit stated.
Instead, Palacios was prescribed pain medicine for her arthritis.
According to the lawsuit, the pain medication worsened her appendicitis
On April 5, 2021, Palacios, over the phone, described her symptoms to her daughter-in-law, who is a nurse.
Palacios’ daughter-in-law asked her if she felt any pain when touching her abdomen.
Palacios confirmed that her abdomen did in fact hurt to touch.
Palacios’ daughter-in-law told her that she recognized the symptoms of appendicitis and that she should 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 for life-threatening diagnosis.
Palacios was discharged from CHCC on April 8, 2021.
