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When “Stomach Pain” Turns Into a Life Threatening Emergency
You went to the ER with excruciating abdominal pain, pain that felt far worse than any stomach ache you’ve ever had. But when the doctor pressed on your stomach, it felt soft, and you didn’t flinch. You were likely told it was “gastritis,” “constipation,” or “gas,” and sent home. Many clients tell us they were sent home with Tums, antacids, or laxatives and told it was “just gas”, even though they were in agony. Hours or days later, you were rushed back into surgery with “dead bowel” (Acute Mesenteric Ischemia), requiring the removal of most of your intestine.
At Jorge L. Flores, P.A., we understand the specific tragedy of intestinal infarction. It is a vascular emergency where blood flow to the gut is cut off. If caught early, typically within 6 to 12 hours, it is often treatable. If missed, it leads to massive necrosis (tissue death) and a lifetime of disability or death.
If your severe pain was dismissed because your “labs were normal” or your “stomach was soft,” you may have grounds for a bowel ischemia misdiagnosis lawsuit. We serve families in Miami Dade, Broward, and throughout Florida who are facing the high cost of this medical error.
The Medical Standard: “Pain Out of Proportion”
The hallmark of Acute Mesenteric Ischemia (AMI) is “pain out of proportion to the physical exam.” This means the patient is in agony (screaming or writhing), but the abdomen feels soft because the lining has not become inflamed yet.
- The Error: Inexperienced doctors often assume that a “soft belly” means nothing is wrong. In reality, it is the classic warning sign of early ischemia.
- The Test: The only way to reasonably rule it out is a CT Angiogram (CTA) with IV contrast. A plain X ray or ultrasound is generally useless for this condition. A failure to order a CTA in a high risk patient often falls below accepted standards of care, especially when classic signs of ischemia are present.
The “Creatinine Defense” & “Normal Labs” Trap
Two common excuses often appear in these cases:
- “We couldn’t give contrast because of the kidneys.” Doctors sometimes refuse to order a CTA because the patient’s creatinine levels are high, fearing kidney damage. Many families search for phrases like “doctor refused CT scan due to kidney function” after being told this. But as one radiology maxim puts it, “the kidneys can be dialyzed; dead bowel cannot be resurrected.” In life threatening situations like suspected AMI, guidelines emphasize that saving the bowel and the patient’s life must come first.
- “The lactate was normal.” Doctors often rely on lactate (lactic acid) levels to screen for ischemia. However, lactate is a late marker. It typically rises only after the bowel is necrotic. Relying on “normal lactate” to send a patient home with severe abdominal pain is a known error. A normal lactate mesenteric ischemia lab result does not rule out early ischemia.
The Injury Mechanism: Short Bowel Syndrome (SBS)
When the diagnosis is delayed beyond the “Golden Window” of 6 to 12 hours, the surgeon must remove the dead intestine.
- The Result: Survivors are often left with Short Bowel Syndrome (SBS), meaning they cannot absorb enough nutrients from food.
- The Cost: This requires Total Parenteral Nutrition (TPN), which involves feeding through an IV vein for 12+ hours a day. The cost of TPN and medications like Gattex can exceed $300,000 to $500,000 per year for life. Short Bowel Syndrome cases often produce some of the highest life care plan valuations in malpractice law because the annual cost of survival can exceed hundreds of thousands of dollars.
- The Verdicts: Because the lifetime cost of care is so high, verdicts for short bowel syndrome medical malpractice can reach into the millions, such as the $12.8 million Missouri verdict for a similar failure.
Proving Malpractice Under Florida Law
We investigate the specific cognitive errors that led to the delay.
1. The Breach: Ignoring the Risk Factors
Did you have Atrial Fibrillation (Afib)? This is a major cause of embolic ischemia (clots traveling to the gut). If an ER doctor sent an Afib patient home with severe abdominal pain without a CTA, it is strong evidence of intestinal infarction ER missed negligence.
2. The Expert: Affidavit of Merit
Florida law mandates a presuit investigation. We consult with independent General Surgeons and Emergency Physicians. A lawsuit is only filed if an expert confirms that the symptoms warranted a CTA that was not ordered.
3. Damages: Funding a Lifetime of Care
We work with elite Life Care Planners to ensure your settlement demand covers every bag of TPN, every dose of Gattex, and every hour of private nursing you will need for the rest of your life. We fight for compensation to cover:
- Lifetime TPN & Gattex: Millions of dollars in future pharmacy costs.
- Private Duty Nursing: To manage the central line and prevent sepsis.
- Loss of Earnings: If you can no longer work due to disability.
- Wrongful Death: If the delay was fatal, securing the family’s financial future.
FAQ: Mesenteric Ischemia & Legal Rights
Q: My doctor said I had “gastritis,” but it was dead bowel. Do I have a case? A: Possibly. Misdiagnosing AMI as gastritis or constipation is common but dangerous. If you had severe pain described as “out of proportion” alongside risk factors like age over 60 or Afib, the standard of care generally requires ruling out ischemia with a CTA before discharge.
Q: The ER doctor said a CT with contrast would hurt my kidneys, so they didn’t order it. Do I still have a case? A: Many families hear this explanation. However, in suspected mesenteric ischemia, the risk of death from missed “dead bowel” far outweighs the risk of temporary kidney injury. Courts and experts often reject this “doctor refused CT scan because of kidney function” defense as inadequate.
Q: I was sent home from the ER with gas actually dead bowel. Is this common? A: Unfortunately, yes. The symptoms of early ischemia (nausea, pain, soft abdomen) can mimic gas or constipation. However, if the pain was severe and risk factors were present, a competent doctor should have investigated further rather than discharging you.
Q: Is there a deadline to file in Florida? A: Yes. Florida has a strict 2 year Statute of Limitations from the time you knew or should have known of the misdiagnosis, with a 4 year Statute of Repose. Immediate legal consultation is critical.
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Who created this content: This page was written by Jorge L. Flores, P.A., Florida Bar Member 53244, and was reviewed by our legal team for accuracy and compliance with current Florida law. AV Preeminent® rating since 2015.
How this page was prepared: The content was developed based on 30+ years of medical malpractice case experience in Miami-Dade County, a review of current Florida statutes, and adherence to Florida Bar advertising guidelines. Medical standards referenced were verified with board certified physicians.
Why this page exists: To provide Kendall residents with accurate, accessible information about their legal rights after medical negligence, and to explain the malpractice claims process in clear, understandable terms.
Last reviewed: 12 / 9 / 2025
Disclaimer: Past results do not guarantee a similar outcome. The information on this page is for general informational purposes only and does not constitute legal advice. Each case is unique and must be evaluated on its own merits.
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