Cook County Record

Wednesday, December 11, 2019

Family alleges malpractice in man's abdominal surgeries before death

By Dan Harkins | Jul 28, 2015


A man's family is suing a doctor, alleging a botched surgery and treatment regimen just before the man's death.

Mary Guardiola, as administrator of the estate of Richard Guardiola, filed a lawsuit July 22 in Cook County Circuit Court against Dr. Anthony San Diego, alleging carelessness and negligence.

According to the complaint, on April 12, 2013, Dr. San Diego, knowing Ricahrd Guardiola had cirrhosis of the liver, splenomegaly, hepatitis C and a low platelet court, tried to perform a laparoscopic intra-abdominal lysis of adhesions surgery on the plaintiff.

During the surgery, the suit says, San Diego decided it was unsafe to proceed with a laparoscopic approach, so, on May 13, 2013, San Diego performed an open intra-abdominal lysis lasting seven hours. On Nov. 7, 2013, San Diego ordered a CT scan to investigate his gastric pain and found no sign of obstruction of the bowels or ventral hernia, the lawsuit states.

The suit says on Jan. 20, 2014, San Diego didn't diagnose a hernia and instead, on Feb. 3, 2014, performed another laparoscopic lysis of adhesions, during which an enterotomy of the small bowel was caused and then quickly repaired. During this surgery, the lawsuit states, San Diego should have known the enterotomy was contaminated. During the surgery, San Diego placed a synthetic mesh in the plaintiff's abdomen, in which he developed ascites, sepsis and an enterocutaneous fistula, the lawsuit states.

As a result of these injuries and infections, the suit says, Guardiola suffered unneeded surgeries, prolonged illness, pain and suffering, disability, medical expenses and a deterioration of his condition until his death Jan. 4, 2015.

Mary Guardiola seeks damages of more than $150,000, plus costs. She is represented by attorney Robert L. Fogel of Fogel Law Offices in Chicago.


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