Charlie v. Hai Congtang

THIBODEAUX, Chief Judge.

|TThe plaintiff/appellee, David Charlie (“Charlie”), brought this medical malpractice suit against the emergency room (ER) physician who treated him at Savoy Medical Center (Savoy) when he arrived there with complaints of abdominal pain of a week’s duration, nausea, and vomiting. The ER physician, defendant/appellant, Dr. Leño Hai Congtang, diagnosed gastroenteritis on December 8, 2005. He prescribed medication and discharged Charlie.

Within three days Charlie’s appendix ruptured in half and caused a massive pelvic abscess. As a result, Charlie underwent a laparotomy,…