A Dukes County Superior Court jury deliberated just two hours Friday before clearing well-known Island surgeon Dr. Pieter Pil of medical malpractice.
The verdict came in a case brought by Oak Bluffs businessman Choying Rangdol, alleging that Dr. Pil was negligent in treating Mr. Rangdol’s post-operative bleeding following an appendectomy eight years ago.
The trial, which began earlier this week with the Hon. Janet L. Sanders presiding, was the first jury trial in Dukes County Superior Court in more than two years.
According to court documents, Mr. Rangdol went to the Martha’s Vineyard Hospital emergency room at about 11 p.m. on April 28, 2014, complaining of pain in his right side. Dr. Pil performed a laparoscopic appendectomy on Mr. Rangdol early the following morning. Mr. Rangdol was released the next day.
A day later, Mr. Rangdol returned to Dr. Pil with stomach problems, and was readmitted to Martha’s Vineyard Hospital with abdominal issues, a diagnosis which later expanded to include internal bleeding, according to court documents. He remained at the Island hospital for two days before being transferred to Massachusetts General Hospital, where infected blood was drained from his abdomen.
Mr. Rangdol’s complaint alleged malpractice occurred at various points during his second visit to Martha’s Vineyard Hospital, leading to unnecessary pain and suffering and economic hardship. The Island hospital was not a party to the case.
At trial, the defense relied on testimony from Boston University professor Dr. Donald Hess, who told the jury that Dr. Pil’s decision to continue to monitor Mr. Rangdol for two days before transferring him to Mass General was correct under the circumstances.
“If they’re stable, the best way to navigate the course is to monitor the patient of course, and just watch it,” Dr. Hess said, referring to post-operative care.
During closing arguments, Mr. Rangdol’s lawyer, Northampton attorney Thomas Lesser, said Dr. Pil’s decision to monitor Mr. Rangdol at Martha’s Vineyard Hospital led directly to infection and prolonged hardship for him in the years since.
“He did not act within the standard of care, and he was negligent,” Mr. Lesser said.
But Boston attorney Brian H. Sullivan, representing Dr. Pil, said his client had properly performed his duties as a surgeon, transferring Mr. Rangdol to Mass General only when it became appropriate. He added that there was no complaint about the appendectomy, just about post-operative treatment.
“Similar to appendectomy … Dr. Pil acted well within the standard of care,” he said. “There is no suggestion by anyone … that post-operative bleeding is anything but a common post-operative complication.”
The trial’s eight-person jury was reduced to seven Friday, after one juror complained to the court that another juror had exhibited poor conduct during proceedings. Following a sidebar among the judge, court clerk and attorneys, the juror who was the target of the complaint was excused before closing arguments.
In a phone call with the Gazette Friday afternoon, superior court clerk George Davis said at least six of the seven jurors had to agree to return the verdict in favor of Dr. Pil.
“All we know is that at least six of seven voted in favor of the defendant,” Mr. Davis said.
