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Botched Abdominal Surgery Leads to Malpractice Suit

The surviving family members of a man who died after an alleged botched surgery and treatment have accused a doctor of malpractice in the man’s death.

According to court documents, Mary Guardiola, who is acting as administrator of the estate of Richard Guardiola, filed a lawsuit on July 22nd in Cook County Circuit Court against Dr. Anthony San Diego on allegations of medical malpractice and negligence.

Documents state that on April 12, 2013, Dr. San Diego, attempted to perform a laparoscopic intra-abdominal lysis of adhesions surgery on the plaintiff knowing that the patient, Richard Guardiola had cirrhosis of the liver, splenomegaly, hepatitis C as well as a low platelet court.

Dr. San Diego decided it was unsafe to proceed with a laparoscopic approach during the surgery. A month later, on May 13, 2013, San Diego performed an open intra-abdominal lysis lasting seven hours. Dr. San Diego ordered a CT scan to investigate Guardiola’s gastric pain, the scan showed no sign of obstruction o that would cause the pain.

On January 20, 2014, the plaintiff alleges that San Diego failed to diagnose a hernia and then performed another laparoscopic lysis on February 3rd of adhesions, during which an enterotomy of the small bowel was caused and then quickly repaired. During this surgery, the lawsuit states, San Diego should have known the enterotomy was contaminated. During the surgery, San Diego placed a synthetic mesh in the plaintiff’s abdomen, in which he developed ascites, sepsis and an enterocutaneous fistula, the lawsuit states. 

Guardiola suffered prolonged illness, pain and suffering, disability, medical expenses and a deterioration of his condition until his death January 4th, 2015 because of the unnecessary and botched surgical procedures performed by Dr. San Diego.

The plaintiff is seeing damages over $150,000, plus costs.

According to the National Institute of Health, more than 255,000 patients die each year as the result of medical malpractice or medical negligence. When a doctor, medical resident, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, therapist, or other medical caregiver, fails to provide a service that meets the “standard of care,” patients and their families suffer needlessly. Having a “standard of care” is what every provider should do under the circumstances in order to insure the well-being of the patient.

At Bottar Leone, we have been fighting for the rights of patients and their loved ones for more than 30 years. If you suspect that you or a loved one has been the victim of medical malpractice, contact Bottar Leone, PLLC, today. We will schedule a confidential meeting with you to inform you of your rights and the possibility of compensation for any medical expenses, special education, medical bills, loss of income, pain and suffering and the tragedy of wrongful death.

You may contact us by telephone at (315) 313-6809, (888) 979-1689, or by email at