Example Medical Malpractice Complaint

This is a compelling example of a medical malpractice misdiagnosis lawsuit. The heart of this lawsuit centers on a preventable medical disaster. The plaintiff sought care from her trusted physician, Dr. Daniel Genson (not real name), with troubling gastrointestinal symptoms. Rather than performing appropriate diagnostic tests or referring her to a specialist, Dr. Genson not only missed the signs of a Clostridioides difficile (C-diff) infection—an infection known to be worsened by anti-diarrheal medications—but he went a step further and prescribed Imodium (loperamide). This drug slows the bowel and is explicitly contraindicated in C-diff patients.

The result? The plaintiff’s condition rapidly deteriorated. Her infection worsened and spread, causing irreversible internal damage. She required emergency surgery and ultimately lost her colon. The medical error occurred on January 6, 2025, and the complaint filed against Dr. Genson outlines an alarming breach of the standard of care. The following is an amended and educationally valuable legal filing that outlines the factual and legal foundation of this tragic case.

IN THE CIRCUIT COURT FOR HOWARD COUNTY

AMANDA PETERSON
8787 DAVIS DRIVE
ELLICOTT CITY, MD 21042

Plaintiff,
v.
DANIEL GENSON, M.D. D/B/A
HOWARD CARDIAC CARE
10792 GATEWAY DRIVE
ANDERSON MD 21044

CASE NO.:13-C-12-91128

COMPLAINT

Amanda Peterson, by her attorneys Miller & Zois, LLC, files this Amended Complaint against the above-named Defendants and states as follows:

FACTS

1. The Plaintiff, Constance Peterson, is a 43-year-old mother of three who resides in Howard County, Maryland, and works as a high school science teacher.
2. This lawsuit arises under Maryland’s laws governing medical malpractice and negligence.
3. At all relevant times, Defendant Daniel Genson, M.D., was a licensed physician in Maryland and the owner/operator of Anderson Cardiac Care.
4. On the morning of January 6, 2025, Constance Peterson arrived at the Howard Cardiac Care clinic visibly weak, pale, and exhausted. She had been experiencing persistent diarrhea for five consecutive days, averaging over ten watery bowel movements per day. She also reported sharp lower abdominal cramping, chills, and an increasing sense of fatigue and disorientation.
5. Her medical history, which was available to Dr. Daniel Genson through her electronic chart, clearly indicated that she had completed a 10-day course of broad-spectrum antibiotics—amoxicillin-clavulanate—for a sinus infection just one week prior. The timing and symptoms were highly suggestive of a possible Clostridioides difficile (C-diff) infection, particularly in a middle-aged patient with recent antibiotic exposure.
6. During the visit, Constance attempted to explain that her symptoms were escalating. She had lost nearly six pounds in less than a week. She had trouble sleeping, was beginning to feel dizzy when standing, and noticed blood and mucus in her stool. Her vitals in the office revealed a low-grade fever of 100.8°F and an elevated heart rate. She told Dr. Genson she was scared something was seriously wrong.
7. Despite these textbook signs of a bacterial gastrointestinal infection, Dr. Genson conducted only a brief physical exam and did not order any laboratory work—not even a basic complete blood count (CBC), C-reactive protein, or stool test. He did not ask whether she had been in a healthcare facility, if she’d taken probiotics, or inquire about her hydration levels. He dismissed her condition as “likely stress-related,” attributing it to her recent return to work as a teacher after the holiday break.
8. He casually diagnosed her with irritable bowel syndrome (IBS) brought on by anxiety and prescribed over-the-counter Imodium to “help slow things down.” He did not schedule a follow-up, nor did he refer her to a gastroenterologist or infectious disease specialist. He recommended rest and fluids and told her to “call if things didn’t improve.”
9. By the morning of January 7, Constance could barely get out of bed. Her husband, Andrew, noticed that she had become lethargic and that her abdomen appeared visibly distended. She could not hold down fluids and became confused while trying to get dressed. By the following day, January 8, she collapsed in the hallway of her home while trying to get to the bathroom. Paramedics found her barely responsive, with low blood pressure and a racing heart rate. She was rushed to the emergency department at Howard County General Hospital.
10. Upon arrival at the hospital, she was immediately placed in the intensive care unit and diagnosed with septic shock. A CT scan revealed advanced toxic megacolon — a dangerous, often fatal complication of untreated C-diff infections, in which the colon becomes grossly enlarged, loses muscular tone, and can rupture. Surgeons were forced to perform an emergency subtotal colectomy to remove the diseased colon and save her life.
11. Constance remained hospitalized for 16 days, with two in the ICU. She endured multiple complications, including a secondary bloodstream infection and severe dehydration. She now lives with a permanent colostomy bag, suffers from chronic abdominal pain, and faces a heightened risk of future complications, including short bowel syndrome and depression. Her quality of life has been drastically reduced. She can no longer participate in daily activities with her three children and has not returned to work. She will require lifelong follow-up care and must take additional medications to aid in digestion and nutrition.
12. Every one of these devastating outcomes was preventable. Had Dr. Genson recognized the red flags, ordered appropriate diagnostic tests, or simply withheld the contraindicated medication, Constance would have likely recovered with early antibiotic treatment. His failure to adhere to the basic standard of care — ignoring both medical literature and widely accepted clinical guidelines — directly and foreseeably caused this catastrophic result.
13. Venue is proper in Howard County, Maryland, where the negligent acts took place, where Plaintiff resides, and where Defendant regularly conducts business and provides medical care.

COUNT I: Negligence – Medical Malpractice

11. Plaintiff incorporates paragraphs 1–10 by reference.
12. Dr. Genson breached his duty of care on January 6, 2025, which directly caused severe injury and loss to the Plaintiff.

WHEREFORE: Plaintiff seeks judgment for damages in excess of $75,000, plus costs, and other relief this Court deems appropriate.

COUNT II: Respondeat Superior / Agency

13. Plaintiff incorporates paragraphs 1–12.
14. Dr. Genson was acting within the scope of his employment or agency when he rendered negligent care to Plaintiff.

WHEREFORE: Plaintiff seeks judgment against all Defendants for damages exceeding $75,000.

COUNT III: Breach of Informed Consent

15. Plaintiff incorporates paragraphs 1–14.
16. Dr. Genson failed to adequately warn the Plaintiff of the substantial and well-documented risks associated with taking Imodium (loperamide), particularly in the presence of symptoms consistent with an underlying bacterial infection such as Clostridioides difficile (C-diff). Despite clear clinical indicators — including recent antibiotic use, profuse diarrhea, and lower abdominal pain — Dr. Genson did not advise the Plaintiff that loperamide is contraindicated in cases of infectious diarrhea.
17. He also failed to explain that taking Imodium under these specific conditions—where a bacterial infection such as C-diff was a likely underlying cause—could dangerously inhibit the body’s natural defense mechanisms. In cases of infectious diarrhea, the body relies on increased bowel motility to flush out harmful pathogens and the toxins they produce. Imodium, a peripherally acting opioid receptor agonist, works by slowing gastrointestinal movement. While this mechanism can relieve symptoms in cases of non-infectious diarrhea, it can be profoundly harmful when the diarrhea is caused by a toxin-producing bacterial infection.
18. By prescribing Imodium without warning the Plaintiff, Dr. Genson effectively instructed her to suppress the very symptoms that were helping her body fight off a life-threatening infection. This suppression allowed the bacteria and its toxins to remain in the colon longer, giving the infection time to proliferate and spread systemically. This failure significantly increased the risk of catastrophic complications, including toxic megacolon—a condition in which the colon becomes severely distended and loses its ability to function—septic shock, organ failure, and death.
19. These are not rare, abstract risks in the context of untreated or mismanaged C-diff infections; they are well-known, well-documented outcomes in the medical literature and form the basis for strict warnings associated with anti-motility agents like Imodium in cases of infectious diarrhea.
20. By neglecting to provide this critical information, Dr. Genson deprived the Plaintiff of the opportunity to make an informed decision about her care. A reasonable patient, armed with full knowledge of these risks, would have declined the medication and sought additional diagnostic testing or specialist consultation. This failure to disclose material risks constitutes a breach of informed consent under Maryland law and was a direct and proximate cause of the Plaintiff’s life-altering injuries.
21. A reasonable patient would have declined to take the medication had they been properly advised.
22. This omission was negligent and was the proximate cause of Plaintiff’s catastrophic injuries, including the loss of her colon and permanent disability.

WHEREFORE: Plaintiff claims monetary damages exceeding $75,000 against Defendants, plus costs and other relief.

REQUEST FOR A JURY TRIAL

Plaintiff respectfully demands a jury trial.

Miller & Zois, LLC
Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410) 779-4600