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Plaintiff, a 45 year old, who was unemployed, presented to the emergency room with complaints of vomiting, diarrhea, abdominal pain and fever with a history of diabetes, carcinoma and a remote appendectomy. He was diagnosed as having gastroenteritis which was treated with fluids and was discharged. Approximately 1-12 days later, he was found unresponsive, his cause of death being related to a small bowel obstruction. It was plaintiff’s contention that the small bowel obstruction should have been diagnosed and treated when he presented to the emergency room, thus preventing his death.