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December 1, 2003, pltf M-16 presented to the emergency room of Deft Hospital with a two-day history of abdominal pain and diarrhea. He had a fever and was tachycardic. His CBC blood test revealed that his white blood count was elevated with marked shift to the left. A CT scan of his abdomen revealed that appendicitis could not be excluded as a possible diagnosis. He was admitted thereafter to deft Mercy Hospital. On December 2, 2003, he was discharged from the deft Mercy Hospital by deft Cesare Menendez, M.D., despite an abdominal white blood count, bandemia, and fever spike noted at time of discharge. On December 3, 2003, pltf’s decedent’s parents called deft Cesare Menendez, M.D. on two occasions informing him that their son’s condition was worsening. However, it was not recommended that they return to the hospital immediately, but rather were given an appointment for the following day at 1:00p.m. On December 4, 2003 at 1:40a.m., pltf’s decedent told his father to take him to the hospital but then collapsed and died. Autopsy later disclosed a purulent infectious process in the right lower quadrant most likely related to a perforated appendicitis resulting in peritonits, sepsis and ultimately his death.

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