Children’s Healthcare of Atlanta at Scottish Rite complaint alleges appendicitis missed before perforation
The complaint alleges that an eleven-year-old was referred emergently to Children’s Healthcare of Atlanta at Scottish Rite for suspected appendicitis. An urgent-care exam had found abdominal tenderness and guarding. Martin G. Belson, M.D. said his impression was a viral illness, ordered no imaging or blood work, and discharged the child. The parents had raised concerns about continued pain and fever. The child returned the next morning, and blood work and imaging showed perforated gangrenous appendicitis with purulent peritonitis. He underwent a complicated appendectomy and an extended hospitalization. A CHOA emergency department medical director later told the family that Dr. Belson had missed the appendicitis on the first visit.
Overview
This page concerns a public complaint alleging that an emergency physician discharged a child with suspected appendicitis without ordering imaging or blood work.
Chronology
The complaint alleges as follows:
- An urgent-care provider examined the child on September 11, 2021, found abdominal tenderness and guarding, and referred him emergently for suspected appendicitis.
- The child arrived at the emergency department at about 12:51 p.m. Staff soon noted umbilical pain, a distended abdomen, and a fever of 101.6 degrees.
- Dr. Belson ordered anti-nausea and pain medication but no imaging, blood work, or antibiotics.
- By 2:35 p.m. the fever reached 102.6, and Dr. Belson called it a viral illness and discharged the child at 4:00 p.m.
- The child returned to the emergency department at about 6:37 a.m. on September 12 with the same complaints.
- Blood work and abdominal imaging that morning led to a diagnosis of perforated gangrenous appendicitis with purulent peritonitis, and the child underwent a complicated appendectomy.
- A CHOA emergency department medical director later told the family Dr. Belson missed the appendicitis, which was perforating during the September 11 visit.
Alleged failures
The complaint alleges the following failures:
- The emergency department did not order imaging, blood work, or antibiotics despite the suspected appendicitis on September 11.
- CHOA representatives later told the parents that, instead of ordering tests, Dr. Belson “listened to his gut.”
- A medical narrative Dr. Belson wrote after the appendicitis diagnosis described findings inconsistent with the hospital’s contemporaneous records from September 11.
- The hospital and physician group did not have adequate policies to ensure timely evaluation of suspected appendicitis in the emergency department.
- The complaint pleads vicarious liability and negligence against the hospital, the physician group, and Dr. Belson, and attaches expert affidavits under O.C.G.A. § 9-11-9.1. It also seeks punitive damages and attorney’s fees for bad faith and stubborn litigiousness.