Frank Diplacido vs UPMC et al

Case Background

On February 21, 2020, Plaintiff  Frank Diplacido filed a medical malpractice lawsuit in the Pennsylvania State, Court of Common Pleas, Allegheny County, Civil Division(Case number: GD-20-002851 ). This case was assigned to Judge Klein Arnold I.

Cause

Frank DiPlacido, acting individually and as Executor of the Estate of his late wife, Marianne DiPlacido, filed a medical malpractice lawsuit against UPMC Presbyterian Shadyside, UPMC, University of Pittsburgh Cancer Institute Cancer Services, UPMC Hillman Cancer Center, and several physicians. He alleged that their negligence led to an unnecessary and ultimately fatal medical procedure.

Marianne DiPlacido initially sought medical attention after her primary care physician detected an enlarged liver. In January 2018, doctors admitted her to Allegheny General Hospital for further evaluation. Physicians performed a biopsy and diagnosed her with metastatic adenocarcinoma of the liver. They recommended chemotherapy as the appropriate treatment.

Seeking a second opinion, she and her husband turned to UPMC Hillman Cancer Center. Dr. Nathan Bahary and Dr. Allan Tsung took over her care and ordered additional tests. They also decided to re-evaluate the original biopsy samples from Allegheny General Hospital before determining a treatment plan. However, despite the pending pathology review, they scheduled a second liver biopsy at UPMC Presbyterian on February 26, 2018. This decision violated standard medical protocols and exposed her to unnecessary surgical risks.

By February 23, 2018, UPMC’s pathologists had already confirmed that the original biopsy results were correct. Despite this, Dr. Bahary and Dr. Tsung failed to review the pathology department’s findings before proceeding with another invasive procedure. Dr. Ka-Kei Ngan and Dr. Chris Gu, interventional radiologists, performed the second liver biopsy, which resulted in severe complications.

Marianne DiPlacido suffered internal bleeding that hospital staff failed to recognize promptly. When her husband and a visiting trauma surgeon raised concerns about her worsening condition, medical personnel dismissed their warnings. Due to the hospital’s negligence, she developed multi-system organ failure and passed away on March 12, 2018.

Injuries

Marianne DiPlacido suffered catastrophic injuries directly caused by hospital negligence and the failure to follow proper medical procedures. After the second liver biopsy, she exhibited signs of internal hemorrhaging, including severe abdominal pain, nausea, and dangerously low blood pressure. Despite these symptoms, hospital staff failed to take immediate action. Instead of closely monitoring her condition, they dismissed her symptoms as routine post-procedure discomfort.

Her condition deteriorated rapidly. Doctors transferred her to the intensive care unit (ICU) and performed an embolization of the hepatic artery to stop the internal bleeding. However, the damage had already progressed. She developed acute kidney failure, worsening coagulopathy, and septicemia from an infected liver infarction.

Unable to recover from the trauma, she entered hospice care on March 9, 2018. Three days later, she passed away due to complications from the unnecessary liver biopsy. Frank DiPlacido argued that the Defendants could have prevented her suffering and untimely death had they exercised proper medical judgment.

Damages

Frank DiPlacido pursued claims for medical malpractice, hospital negligence, and wrongful death. He argued that UPMC’s failure to follow medical protocols directly caused his wife’s suffering and death. He sought compensation for her medical expenses, including costs related to the failed liver biopsy, emergency procedures, ICU care, and hospice treatment. He also demanded damages for funeral and burial expenses.

Beyond financial losses, the lawsuit addressed the emotional toll of losing his wife. He claimed that her premature death deprived him of companionship, emotional support, and her financial contributions to their household. He also sought compensation for her lost future earnings, arguing that she could have continued working had she received appropriate medical treatment instead of undergoing an unnecessary procedure. Under Pennsylvania’s wrongful death and survival statutes, he requested substantial financial recovery, asserting that UPMC’s systemic failures warranted punitive damages.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Frank Diplacido
    • Counsel for Plaintiff: Alexander J Jamiolkowski | Margaret M Egan
  • Defendant(s): University of Pittsburgh Cancer Institute Cancer Services | UPMC Presbyterian Shadyside | UPMC Hillman Cancer Center | UPMC | Allan Tsung M.D. | Parmjeet S. Randhawa M.D. | Ka-Kei Ngan M.D. | Chris Gu M.D. | Nathan Bahary M.D.
    • Counsel for Defendants: George P. Kachulis

Claims

The lawsuit accused UPMC and the named physicians of medical malpractice, hospital negligence, and wrongful death. Frank DiPlacido claimed that the Defendants failed to review pathology results before recommending the second liver biopsy. He argued that this unnecessary procedure caused severe complications that led to his wife’s premature death.

The lawsuit also alleged that UPMC’s systemic failures allowed repeat biopsies and invasive procedures without proper coordination between physicians and pathology departments. The Plaintiff contended that the interventional radiologists who performed the liver biopsy failed to monitor her properly, leading to a delayed diagnosis of internal bleeding.

Additionally, the lawsuit argued that the standard of care required better communication among physicians. The Plaintiff claimed that the Defendants failed to inform his wife of the risks associated with an unnecessary procedure. He sought punitive damages, asserting that the hospital’s reckless disregard for patient safety justified significant financial penalties.

Defense

UPMC Presbyterian Shadyside, UPMC Hillman Cancer Center, and the named physicians denied liability in the medical malpractice lawsuit. They argued that they provided appropriate medical care to Marianne DiPlacido and did not deviate from the accepted standard of care. They claimed that the second liver biopsy was medically necessary and that no hospital negligence occurred.

The Defendants maintained that their treatment followed established protocols and aimed to ensure the most accurate diagnosis. They also denied responsibility for the wrongful death claim, asserting that their facilities operated as healthcare networks rather than direct treatment providers. They emphasized that the treating physicians were independent practitioners with staff privileges, which insulated UPMC from vicarious liability.

Additionally, the Defendants disputed the cause of death. They argued that the Decedent’s pre-existing cancer contributed to her deterioration and that her decline did not result from hospital negligence. They contended that she consented to the second liver biopsy after receiving information about the risks, refuting claims of lack of informed consent.

The Defendants also challenged the sufficiency of the Plaintiff’s evidence. They demanded strict proof of medical malpractice and argued that Pennsylvania law, specifically the Medical Care Availability and Reduction of Error Act (MCARE), protected them from liability unless the Plaintiff could demonstrate a clear deviation from medical standards. They further asserted that other factors, unrelated to the liver biopsy, contributed to her death, making them not legally responsible.

Jury Verdict

On February 18, 2025, the jury ruled in favor of the Defendants in the medical malpractice lawsuit filed by Frank DiPlacido. The jurors reviewed the evidence and expert testimony before reaching their decision. They determined that the Defendants did not deviate from the standard of care when they recommended and performed the second liver biopsy on Marianne DiPlacido.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com