Wrongful Death Lawsuit Against UPMC Mercy Alleges Lack of Insurance Resulted in Failure to Provide Necessary Life Saving Medical Care

The Estate of Dorian Tillman, through its Attorney Jason Luckasevic of Goldberg, Persky & White, filed a medical malpractice lawsuit against UPMC Mercy and some of its physicians for wrongful death. Mr. Tillman, formerly of the Hill District, died on December 16, 2011 of acute peritonitis– a consequence of diverticulitis. The lawsuit alleges that his death was both avoidable and came as a result of the negligence of UPMC Mercy and its staff. Mr. Tillman, who leaves behind a wife, Robin, was forty at the time of his death. According to the Complaint, Mr. Tillman lacked health insurance at the time of his treatment and death. This lack of insurance played a direct role in the hospital’s failure to monitor and treat Mr. Tillman during his admissions.

According to the Complaint, Mr. Tillman had a history of diverticulitis, which was first diagnosed at UPMC McKeesport. Between September of 2010 and December of 2011, Mr. Tillman presented to UPMC Mercy over five times and never received the care that was necessary to effectively and fully treat his persistent diverticulitis. Mr. Tillman was never referred to a surgeon or told that he needed corrective surgery due to his diverticulitis during any of his multiple admissions to UPMC Mercy. Each encounter that UPMC Mercy had with Mr. Tillman gave the hospital a chance to recommend surgery before Mr. Tillman’s diverticulitis became life threatening.

Most recently, in December 2011, Mr. Tillman again presented to UPMC Mercy with abdominal pain and was admitted with a diagnosis of diverticulitis with a concern for a fistula. The Complaint states that Mr. Tillman was admitted to an unmonitored floor of the hospital, which led to a sequence of events that ended with his waste pouring into his body and causing him to endure a painful 14 hour death.

During this admission, Mr. Luckasevic states that a CT scan was ordered but was subsequently cancelled before it was performed. This CT scan was necessary to determine if Mr. Tillman needed emergency surgery to save his life.

Additionally, the Complaint claims that because Mr. Tillman was admitted to unmonitored floor, his vital signs were not tracked as they should have been. Had the CT scan been performed and had Mr. Tillman’s vital signs been tracked more closely, UPMC and its staff would have been able to discern that Mr. Tillman required emergency surgery to save his life.

The Estate seeks compensatory and punitive damages against UPMC and many of Mr. Tillman’s treating physicians for their failure to provided adequate medical care.

If you have any questions, please contact the law offices of Goldberg, Persky & White at 1-800-471-3980.