Opening argument concluded, and testimony started, on Monday in Schuylkill County Court in the civil jury trial of a medical malpractice lawsuit involving the 2010 death of a Girardville man.
The Estate of Thomas Barrett is suing Dr. Stephen O. Slusser, a gastroenterologist, for unspecified monetary damages for what it alleges was the doctor’s negligence in treating an ulcer. The trial, over which Judge James P. Goodman is presiding, is scheduled to resume at 9 a.m. today with the estate continuing to present its case.
Barrett died June 29, 2010, at age 56, and the estate’s lawyer, Frank A. Rothermel, Philadelphia, said in his opening argument that his death was Slusser’s fault.
“Dr. Slusser violated the first safety rule,” Rothermel said. “It’s not a thorough exam. He doesn’t measure the ulcer.”
Instead, Rothermel said, Slusser sent Barrett home with only a prescription.
“You cannot just let it go. You have to surgically treat it,” he said. “That patient is in great danger of bleeding to death.”
Furthermore, Slusser did not ask other doctors for help, even though he said he had not seen anything like Barrett’s ulcer before, according to Rothermel.
On the other hand, Kyle N. Thompson, Allentown, Slusser’s lawyer, said in his opening argument that the doctor gave appropriate and reasonable care to Barrett.
“He employed all of his education. He employed all of his knowledge,” Thompson said of his client. “He’s anything but a cavalier doctor.”
Furthermore, Slusser was reasonable in discharging Barrett, and the patient’s death was not the result of negligence, according to Thompson.
“It’s unfortunate,” but not a consequence that Slusser could have foreseen or prevented, Thompson said. “(Slusser) was absolutely careful.”
Dr. Richard P. Bindie, pathologist at Schuylkill Medical Center-South Jackson Street, testified that he stands by his autopsy report that a hemorrhage caused Barrett’s death.
“It was there, and it was inflamed,” Bindie said.
Barrett was found unresponsive on the floor of his home, according to Bindie, who said he has performed more than 7,000 autopsies in his 45-year career in the county.