x
Breaking News
More () »

Jury awards family of Macon man more than $9 million in lawsuit after his death

Atrium Health Navicent said in a statement that they empathize with the family’s loss but respectfully disagree with the jury’s verdict.

MACON, Ga. — A Bibb County jury awarded more than $9 million to the family of a man who died after surgery.

According to court records, Allen Turner died in April 2017 at Medical Center Navicent Health. 

He died 18 days after bowel surgery. Lawyers for his family argued he died from a surgical error. Court records say a surgeon and a surgical resident cut a major artery. 

This led to seven more surgeries and eventually Turner’s death, according to his family. 

According to the court documents, Turner developed acidosis, coagulopathy and hypothermia that was “ultimately irreversible and caused his death.”  

Their wrongful-death lawsuit said the doctors and the hospital failed to properly plan the surgery, locate his small bowel tumor and avoid danger spots.

They said the hospital failed to anticipate the presence of another mass and did not order a diagnostic CT or MRI scan.  

The hospital argued because of a recent endoscopy, they didn't need those scans. They say a third doctor told the surgical team he didn't believe there was anything else wrong with Turner's bowel.

Last week, a jury agreed and awarded them $9.3 million in damages.

The hospital, now named Atrium Health Navicent, sent 13WMAZ a statement, in part, that unknown and unforeseen variables often come up in surgery. 

They said they empathize with the Turner family’s loss but respectfully disagree with the jury’s verdict.

Here is a full copy of the statement from Atrium Health Navicent:

“Every day, our medical teams are called upon to make life-saving decisions. Unfortunately, there are often unknown and unforeseen variables that arise during the course of treatment that cannot be overcome, as was the case in this particular series of events. While we certainly empathize with the Turner family for the loss of their loved one, we respectfully disagree with the conclusion reached by the jury.”

The hospital also said Turner signed a risk disclosure statement that addressed the risk of death. Here's part of that statement:

"As a result of this procedure being performed there may be material risks of: Infections, Allergic reaction, Disfiguring Scar, Severe Blood Loss, Loss of Function of Any Limb or Organ, Paralysis, Paraplegia, or Quadriplegia, Brain Damage, Cardiac Arrest, or Death.

....

I understand that the practice of medicine is not an exact science and NO GUARANTEES OR ASSURANCES HAVE BEEN MADE TO ME concerning the results of this procedure.

....

I understand that during the course of the procedure described above it may be necessary or appropriate to perform additional procedures, which are unforeseen or not known to be needed at the time this consent is given. I consent to and authorize the persons described herein to make the decisions concerning such procedures. I also consent to and authorize the performance of such additional procedures as they deem necessary or appropriate."

Before You Leave, Check This Out