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Fetus discovered during hysterectomy
A woman suffering from irregular and painful menses of unknown etiology presented to a hospital for a hysterectomy. A pregnancy test was not performed, given the patient’s 20-year history of infertility.
During the procedure, uterine curettings at frozen section revealed a decidualized benign endometrium, but the pathologist did not find chorionic villi. The operating physician subsequently performed a pelvic examination, during which he discovered an enlarged uterus. Despite 2 findings consistent with pregnancy, the doctor proceeded with the hysterectomy and discovered a fetus of about 12 weeks’ gestation. Further pathological review revealed well-developed villi, along with a normal fetus, placenta, and cord.
In suing, the patient claimed that she should have received a pregnancy test prior to undergoing the hysterectomy, despite her history of infertility. In addition, she argued that the decidualized benign endometrium and enlarged uterus should have prompted the doctor to stop the procedure and perform a pregnancy test. The plaintiff further claimed that she would have delivered a viable infant had these standards of practice been followed.
The physician contended that given the patient’s history and her claim that she had menstruated 3 to 4 weeks prior, a preoperative pregnancy test was unnecessary. In addition, he claimed, since chorionic villi were not found on frozen section, it was not inappropriate to continue with the hysterectomy.
- The case settled for $160,000 at mediation.
A woman suffering from irregular and painful menses of unknown etiology presented to a hospital for a hysterectomy. A pregnancy test was not performed, given the patient’s 20-year history of infertility.
During the procedure, uterine curettings at frozen section revealed a decidualized benign endometrium, but the pathologist did not find chorionic villi. The operating physician subsequently performed a pelvic examination, during which he discovered an enlarged uterus. Despite 2 findings consistent with pregnancy, the doctor proceeded with the hysterectomy and discovered a fetus of about 12 weeks’ gestation. Further pathological review revealed well-developed villi, along with a normal fetus, placenta, and cord.
In suing, the patient claimed that she should have received a pregnancy test prior to undergoing the hysterectomy, despite her history of infertility. In addition, she argued that the decidualized benign endometrium and enlarged uterus should have prompted the doctor to stop the procedure and perform a pregnancy test. The plaintiff further claimed that she would have delivered a viable infant had these standards of practice been followed.
The physician contended that given the patient’s history and her claim that she had menstruated 3 to 4 weeks prior, a preoperative pregnancy test was unnecessary. In addition, he claimed, since chorionic villi were not found on frozen section, it was not inappropriate to continue with the hysterectomy.
- The case settled for $160,000 at mediation.
A woman suffering from irregular and painful menses of unknown etiology presented to a hospital for a hysterectomy. A pregnancy test was not performed, given the patient’s 20-year history of infertility.
During the procedure, uterine curettings at frozen section revealed a decidualized benign endometrium, but the pathologist did not find chorionic villi. The operating physician subsequently performed a pelvic examination, during which he discovered an enlarged uterus. Despite 2 findings consistent with pregnancy, the doctor proceeded with the hysterectomy and discovered a fetus of about 12 weeks’ gestation. Further pathological review revealed well-developed villi, along with a normal fetus, placenta, and cord.
In suing, the patient claimed that she should have received a pregnancy test prior to undergoing the hysterectomy, despite her history of infertility. In addition, she argued that the decidualized benign endometrium and enlarged uterus should have prompted the doctor to stop the procedure and perform a pregnancy test. The plaintiff further claimed that she would have delivered a viable infant had these standards of practice been followed.
The physician contended that given the patient’s history and her claim that she had menstruated 3 to 4 weeks prior, a preoperative pregnancy test was unnecessary. In addition, he claimed, since chorionic villi were not found on frozen section, it was not inappropriate to continue with the hysterectomy.
- The case settled for $160,000 at mediation.
Tubal ligation leads to hemorrhage, early menopause
A woman under went tubal ligation following the cesarean delivery of her third child. During the procedure, the physician had difficulty locating the left fallopian tube. After numerous attempts, he ligated and cut what he thought was the left tube. Postoperatively, the woman began to hemorrhage and required a transfusion to replace 2,000 cm3 of blood. She also developed atelectasis and congestive heart failure. She was stable 6 days later and subsequently discharged. Following the procedure, the woman never again experienced menstruation and developed signs of menopause. She was placed on hormone supplements.
In suing, the woman alleged that prior to the procedure, she told the physician she had previously undergone surgery for the removal of a right ovarian cyst and that she had no left fallopian tube. She further claimed that the blood loss and shock she sustained from the physician’s negligence in cutting vascular tissue caused a pituitary hypothalamic dysfunction and the premature onset of menopausal symptoms.
The physician contended that the cut he made was on a vestigal piece of fallopian tube.
- The case settled for $475,000.
A woman under went tubal ligation following the cesarean delivery of her third child. During the procedure, the physician had difficulty locating the left fallopian tube. After numerous attempts, he ligated and cut what he thought was the left tube. Postoperatively, the woman began to hemorrhage and required a transfusion to replace 2,000 cm3 of blood. She also developed atelectasis and congestive heart failure. She was stable 6 days later and subsequently discharged. Following the procedure, the woman never again experienced menstruation and developed signs of menopause. She was placed on hormone supplements.
In suing, the woman alleged that prior to the procedure, she told the physician she had previously undergone surgery for the removal of a right ovarian cyst and that she had no left fallopian tube. She further claimed that the blood loss and shock she sustained from the physician’s negligence in cutting vascular tissue caused a pituitary hypothalamic dysfunction and the premature onset of menopausal symptoms.
The physician contended that the cut he made was on a vestigal piece of fallopian tube.
- The case settled for $475,000.
A woman under went tubal ligation following the cesarean delivery of her third child. During the procedure, the physician had difficulty locating the left fallopian tube. After numerous attempts, he ligated and cut what he thought was the left tube. Postoperatively, the woman began to hemorrhage and required a transfusion to replace 2,000 cm3 of blood. She also developed atelectasis and congestive heart failure. She was stable 6 days later and subsequently discharged. Following the procedure, the woman never again experienced menstruation and developed signs of menopause. She was placed on hormone supplements.
In suing, the woman alleged that prior to the procedure, she told the physician she had previously undergone surgery for the removal of a right ovarian cyst and that she had no left fallopian tube. She further claimed that the blood loss and shock she sustained from the physician’s negligence in cutting vascular tissue caused a pituitary hypothalamic dysfunction and the premature onset of menopausal symptoms.
The physician contended that the cut he made was on a vestigal piece of fallopian tube.
- The case settled for $475,000.
Acne treatment causes complications in gravida
<court>California Superior Court</court>
A woman presented to an Ob/Gyn with pregnancy-induced mild acne. To treat the condition, the physician prescribed diflorasone diacetate 0.05% cream, which the patient was instructed to apply to her face 2 times a day. Shortly after, the woman developed cystic acne and steroid-induced rosacea, resulting in permanent redness on her nose and cheeks. During her next office visit, the patient was seen by a nurse practitioner, not the prescribing doctor. Despite describing her condition to the nurse practitioner, the woman was not told to discontinue treatment. Her face continued to break out for the duration of her pregnancy and after childbirth. Approximately 2 months after the initial prescription was issued, she admitted herself to a hospital for extreme facial pain. There she learned that the medication she had been applying was inappropriate for facial dermatitis.
In suing, the woman claimed that the physician was negligent in prescribing a potent corticosteroid primarily designed for dermatological use on heels and palms. She further alleged that the pharmacy should have alerted her to the possible risks, complications, and side effects of using the medicine on her face.
The physician contended that the patient had suffered from chronic facial acne for more than 10 years, and observed that she often prescribes diflorasone diacetate to patients who suffer from perioral dermatitis. She further alleged that the pharmacy was liable for not explaining potential adverse effects, and the woman’s condition was exacerbated because she failed to halt treatment once it became clear her condition was worsening.
- An arbitration panel awarded the woman $137,000 against the physicians; the case against the pharmacy settled for an unknown sum.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>California Superior Court</court>
A woman presented to an Ob/Gyn with pregnancy-induced mild acne. To treat the condition, the physician prescribed diflorasone diacetate 0.05% cream, which the patient was instructed to apply to her face 2 times a day. Shortly after, the woman developed cystic acne and steroid-induced rosacea, resulting in permanent redness on her nose and cheeks. During her next office visit, the patient was seen by a nurse practitioner, not the prescribing doctor. Despite describing her condition to the nurse practitioner, the woman was not told to discontinue treatment. Her face continued to break out for the duration of her pregnancy and after childbirth. Approximately 2 months after the initial prescription was issued, she admitted herself to a hospital for extreme facial pain. There she learned that the medication she had been applying was inappropriate for facial dermatitis.
In suing, the woman claimed that the physician was negligent in prescribing a potent corticosteroid primarily designed for dermatological use on heels and palms. She further alleged that the pharmacy should have alerted her to the possible risks, complications, and side effects of using the medicine on her face.
The physician contended that the patient had suffered from chronic facial acne for more than 10 years, and observed that she often prescribes diflorasone diacetate to patients who suffer from perioral dermatitis. She further alleged that the pharmacy was liable for not explaining potential adverse effects, and the woman’s condition was exacerbated because she failed to halt treatment once it became clear her condition was worsening.
- An arbitration panel awarded the woman $137,000 against the physicians; the case against the pharmacy settled for an unknown sum.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>California Superior Court</court>
A woman presented to an Ob/Gyn with pregnancy-induced mild acne. To treat the condition, the physician prescribed diflorasone diacetate 0.05% cream, which the patient was instructed to apply to her face 2 times a day. Shortly after, the woman developed cystic acne and steroid-induced rosacea, resulting in permanent redness on her nose and cheeks. During her next office visit, the patient was seen by a nurse practitioner, not the prescribing doctor. Despite describing her condition to the nurse practitioner, the woman was not told to discontinue treatment. Her face continued to break out for the duration of her pregnancy and after childbirth. Approximately 2 months after the initial prescription was issued, she admitted herself to a hospital for extreme facial pain. There she learned that the medication she had been applying was inappropriate for facial dermatitis.
In suing, the woman claimed that the physician was negligent in prescribing a potent corticosteroid primarily designed for dermatological use on heels and palms. She further alleged that the pharmacy should have alerted her to the possible risks, complications, and side effects of using the medicine on her face.
The physician contended that the patient had suffered from chronic facial acne for more than 10 years, and observed that she often prescribes diflorasone diacetate to patients who suffer from perioral dermatitis. She further alleged that the pharmacy was liable for not explaining potential adverse effects, and the woman’s condition was exacerbated because she failed to halt treatment once it became clear her condition was worsening.
- An arbitration panel awarded the woman $137,000 against the physicians; the case against the pharmacy settled for an unknown sum.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Was cesarean indicated for baby with shoulder dystocia?
A woman presented to a hospital at 42 weeks’ gestation for delivery by midwives. Oxytocin was administered to induce labor. Approximately 2 hours into the second stage of labor, an obstetrician was called in to evaluate the delivery due to concerns that the child might be too large for the small mother to deliver vaginally. The physician told the midwives to continue with the second stage. Soon after, the fetal head delivered, but the midwife in charge suspected shoulder dystocia and asked for help from both an obstetrician and a pediatrician. It took 3 minutes to complete the delivery. The baby required resuscitation and was born with neurologic depression.
Over the next 11 hours, the infant suffered a series of seizures and was found to have bleeding in the brain. The baby was then treated at another hospital, where he was diagnosed with hypoxic ischemic encephalopathy. He now suffers from cerebral palsy and mental retardation.
In suing, the mother alleged that the head midwife allowed a midwife trainee to deliver the baby, but took over once shoulder dystocia was encountered. The woman further alleged that once shoulder dystocia was encountered, the midwives should have called in an obstetrician to perform a cesarean.
The head midwife maintained that excellent care was provided and that any brain damage the infant suffered occurred in utero, not during delivery.
- The jury awarded the infant plaintiff $8,651,000 and the mother $150,000 for loss of service.
A woman presented to a hospital at 42 weeks’ gestation for delivery by midwives. Oxytocin was administered to induce labor. Approximately 2 hours into the second stage of labor, an obstetrician was called in to evaluate the delivery due to concerns that the child might be too large for the small mother to deliver vaginally. The physician told the midwives to continue with the second stage. Soon after, the fetal head delivered, but the midwife in charge suspected shoulder dystocia and asked for help from both an obstetrician and a pediatrician. It took 3 minutes to complete the delivery. The baby required resuscitation and was born with neurologic depression.
Over the next 11 hours, the infant suffered a series of seizures and was found to have bleeding in the brain. The baby was then treated at another hospital, where he was diagnosed with hypoxic ischemic encephalopathy. He now suffers from cerebral palsy and mental retardation.
In suing, the mother alleged that the head midwife allowed a midwife trainee to deliver the baby, but took over once shoulder dystocia was encountered. The woman further alleged that once shoulder dystocia was encountered, the midwives should have called in an obstetrician to perform a cesarean.
The head midwife maintained that excellent care was provided and that any brain damage the infant suffered occurred in utero, not during delivery.
- The jury awarded the infant plaintiff $8,651,000 and the mother $150,000 for loss of service.
A woman presented to a hospital at 42 weeks’ gestation for delivery by midwives. Oxytocin was administered to induce labor. Approximately 2 hours into the second stage of labor, an obstetrician was called in to evaluate the delivery due to concerns that the child might be too large for the small mother to deliver vaginally. The physician told the midwives to continue with the second stage. Soon after, the fetal head delivered, but the midwife in charge suspected shoulder dystocia and asked for help from both an obstetrician and a pediatrician. It took 3 minutes to complete the delivery. The baby required resuscitation and was born with neurologic depression.
Over the next 11 hours, the infant suffered a series of seizures and was found to have bleeding in the brain. The baby was then treated at another hospital, where he was diagnosed with hypoxic ischemic encephalopathy. He now suffers from cerebral palsy and mental retardation.
In suing, the mother alleged that the head midwife allowed a midwife trainee to deliver the baby, but took over once shoulder dystocia was encountered. The woman further alleged that once shoulder dystocia was encountered, the midwives should have called in an obstetrician to perform a cesarean.
The head midwife maintained that excellent care was provided and that any brain damage the infant suffered occurred in utero, not during delivery.
- The jury awarded the infant plaintiff $8,651,000 and the mother $150,000 for loss of service.
Did delayed delivery of second twin cause cerebral palsy?
<court>Kings County (NY) Supreme Court</court>
A woman presented to a hospital for the delivery of twins. For most of the 20 hours prior to the first child’s delivery, she was cared for by nurses and first-year residents, and had continuous fetal monitoring. The first-year resident delivered the first twin vaginally in the presence of an attending physician. After the first baby was born with slight meconium staining, the mother stopped having contractions. Oxytocin was then administered. The second twin was monitored every 3 to 4 minutes, and was noted to have a good fetal heartbeat. Approximately 42 minutes later, the defendant physician delivered the second infant. The child was blue at birth and hypotonic, with shallow breathing. While the first child had Apgar scores of 9 and 10, the second child’s were 6 and 7. The second twin now suffers from cerebral palsy, has motor skill deficits in his hands and right arm, and uses a walker or wheelchair.
In suing, the mother claimed that the fetal strips showed decelerations for 2 hours before delivery of the first child. Therefore, the doctor should have performed a cesarean to deliver both twins. She further argued that had continuous rather than intermittent monitoring been used on the second twin, fetal distress would have been noted and the doctor could have performed a timely cesarean.
The obstetrician claimed that adequate supervision was provided and further alleged that intermittent monitoring was as reliable as continuous monitoring. He also noted that there were no signs of fetal distress and, therefore, no reason to perform a cesarean. In addition, the woman’s pediatric neurologist testified on behalf of the physician, saying he believed the infant’s brain damage took place in utero before the 35th week of gestation.
- The jury awarded the plaintiff $61,662,500.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Kings County (NY) Supreme Court</court>
A woman presented to a hospital for the delivery of twins. For most of the 20 hours prior to the first child’s delivery, she was cared for by nurses and first-year residents, and had continuous fetal monitoring. The first-year resident delivered the first twin vaginally in the presence of an attending physician. After the first baby was born with slight meconium staining, the mother stopped having contractions. Oxytocin was then administered. The second twin was monitored every 3 to 4 minutes, and was noted to have a good fetal heartbeat. Approximately 42 minutes later, the defendant physician delivered the second infant. The child was blue at birth and hypotonic, with shallow breathing. While the first child had Apgar scores of 9 and 10, the second child’s were 6 and 7. The second twin now suffers from cerebral palsy, has motor skill deficits in his hands and right arm, and uses a walker or wheelchair.
In suing, the mother claimed that the fetal strips showed decelerations for 2 hours before delivery of the first child. Therefore, the doctor should have performed a cesarean to deliver both twins. She further argued that had continuous rather than intermittent monitoring been used on the second twin, fetal distress would have been noted and the doctor could have performed a timely cesarean.
The obstetrician claimed that adequate supervision was provided and further alleged that intermittent monitoring was as reliable as continuous monitoring. He also noted that there were no signs of fetal distress and, therefore, no reason to perform a cesarean. In addition, the woman’s pediatric neurologist testified on behalf of the physician, saying he believed the infant’s brain damage took place in utero before the 35th week of gestation.
- The jury awarded the plaintiff $61,662,500.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Kings County (NY) Supreme Court</court>
A woman presented to a hospital for the delivery of twins. For most of the 20 hours prior to the first child’s delivery, she was cared for by nurses and first-year residents, and had continuous fetal monitoring. The first-year resident delivered the first twin vaginally in the presence of an attending physician. After the first baby was born with slight meconium staining, the mother stopped having contractions. Oxytocin was then administered. The second twin was monitored every 3 to 4 minutes, and was noted to have a good fetal heartbeat. Approximately 42 minutes later, the defendant physician delivered the second infant. The child was blue at birth and hypotonic, with shallow breathing. While the first child had Apgar scores of 9 and 10, the second child’s were 6 and 7. The second twin now suffers from cerebral palsy, has motor skill deficits in his hands and right arm, and uses a walker or wheelchair.
In suing, the mother claimed that the fetal strips showed decelerations for 2 hours before delivery of the first child. Therefore, the doctor should have performed a cesarean to deliver both twins. She further argued that had continuous rather than intermittent monitoring been used on the second twin, fetal distress would have been noted and the doctor could have performed a timely cesarean.
The obstetrician claimed that adequate supervision was provided and further alleged that intermittent monitoring was as reliable as continuous monitoring. He also noted that there were no signs of fetal distress and, therefore, no reason to perform a cesarean. In addition, the woman’s pediatric neurologist testified on behalf of the physician, saying he believed the infant’s brain damage took place in utero before the 35th week of gestation.
- The jury awarded the plaintiff $61,662,500.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Woman develops necrotizing fasciitis after tubal ligation
A 49-year-old woman underwent a tubal ligation procedure. During the surgery, the patient’s bladder was punctured, resulting in an infection in her abdomen. Soon thereafter, she developed necrotizing fasciitis. Despite the removal of much of her external genitalia and treatments to stop the spread of infection, the woman died 9 days after the initial surgery.
In suing, the family of the patient claimed that the doctors ignored signs of the bacterial infection for 4 days. They further argued that since a 49-year-old woman has less than a 1% chance of becoming pregnant, the tubal ligation should never have been performed.
The doctors denied negligence and claimed that a correct diagnosis was made.
- The jury awarded the family $6.5 million.
A 49-year-old woman underwent a tubal ligation procedure. During the surgery, the patient’s bladder was punctured, resulting in an infection in her abdomen. Soon thereafter, she developed necrotizing fasciitis. Despite the removal of much of her external genitalia and treatments to stop the spread of infection, the woman died 9 days after the initial surgery.
In suing, the family of the patient claimed that the doctors ignored signs of the bacterial infection for 4 days. They further argued that since a 49-year-old woman has less than a 1% chance of becoming pregnant, the tubal ligation should never have been performed.
The doctors denied negligence and claimed that a correct diagnosis was made.
- The jury awarded the family $6.5 million.
A 49-year-old woman underwent a tubal ligation procedure. During the surgery, the patient’s bladder was punctured, resulting in an infection in her abdomen. Soon thereafter, she developed necrotizing fasciitis. Despite the removal of much of her external genitalia and treatments to stop the spread of infection, the woman died 9 days after the initial surgery.
In suing, the family of the patient claimed that the doctors ignored signs of the bacterial infection for 4 days. They further argued that since a 49-year-old woman has less than a 1% chance of becoming pregnant, the tubal ligation should never have been performed.
The doctors denied negligence and claimed that a correct diagnosis was made.
- The jury awarded the family $6.5 million.
Was hysterectomy for pelvic pain unnecessary?
<court>Maricopa County (Ariz) Superior Court</court>
A 28-year-old woman presented to a gynecologist with pelvic pain. She advised the physician that she had been diagnosed with endometriosis after the birth of her son 7 years prior. Medical records, however, indicated that she was diagnosed with endometritis.
The physician performed a pelvic examination and recommended a hysterectomy. The patient underwent a hysterectomy and right salpingo-oophorectomy 2 weeks later.
A postoperative pathology report showed that the woman had a corpus luteum cyst on her right ovary, not endometriosis. Following the patient’s discharge, she experienced pain and numbness on the outside of her right thigh. Six months later, she was diagnosed with a lateral femoral cutaneous nerve injury.
In suing, the woman claimed that the physician should have performed a laparoscopy to rule out endometriosis, rather than recommend an unnecessary hysterectomy and right salpingo oophorectomy. Further, the patient claimed that the physician was negligent for injuring her lateral femoral cutaneous nerve. She also contended that the doctor failed to tell her of the pathology findings, and never informed her that she did not have endometriosis.
The doctor argued that the woman was given the option of a laparoscopy, but chose a hysterectomy. He further alleged that a lateral femoral cutaneous nerve injury is a known complication of a hysterectomy.
- The case settled for $250,000.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Maricopa County (Ariz) Superior Court</court>
A 28-year-old woman presented to a gynecologist with pelvic pain. She advised the physician that she had been diagnosed with endometriosis after the birth of her son 7 years prior. Medical records, however, indicated that she was diagnosed with endometritis.
The physician performed a pelvic examination and recommended a hysterectomy. The patient underwent a hysterectomy and right salpingo-oophorectomy 2 weeks later.
A postoperative pathology report showed that the woman had a corpus luteum cyst on her right ovary, not endometriosis. Following the patient’s discharge, she experienced pain and numbness on the outside of her right thigh. Six months later, she was diagnosed with a lateral femoral cutaneous nerve injury.
In suing, the woman claimed that the physician should have performed a laparoscopy to rule out endometriosis, rather than recommend an unnecessary hysterectomy and right salpingo oophorectomy. Further, the patient claimed that the physician was negligent for injuring her lateral femoral cutaneous nerve. She also contended that the doctor failed to tell her of the pathology findings, and never informed her that she did not have endometriosis.
The doctor argued that the woman was given the option of a laparoscopy, but chose a hysterectomy. He further alleged that a lateral femoral cutaneous nerve injury is a known complication of a hysterectomy.
- The case settled for $250,000.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Maricopa County (Ariz) Superior Court</court>
A 28-year-old woman presented to a gynecologist with pelvic pain. She advised the physician that she had been diagnosed with endometriosis after the birth of her son 7 years prior. Medical records, however, indicated that she was diagnosed with endometritis.
The physician performed a pelvic examination and recommended a hysterectomy. The patient underwent a hysterectomy and right salpingo-oophorectomy 2 weeks later.
A postoperative pathology report showed that the woman had a corpus luteum cyst on her right ovary, not endometriosis. Following the patient’s discharge, she experienced pain and numbness on the outside of her right thigh. Six months later, she was diagnosed with a lateral femoral cutaneous nerve injury.
In suing, the woman claimed that the physician should have performed a laparoscopy to rule out endometriosis, rather than recommend an unnecessary hysterectomy and right salpingo oophorectomy. Further, the patient claimed that the physician was negligent for injuring her lateral femoral cutaneous nerve. She also contended that the doctor failed to tell her of the pathology findings, and never informed her that she did not have endometriosis.
The doctor argued that the woman was given the option of a laparoscopy, but chose a hysterectomy. He further alleged that a lateral femoral cutaneous nerve injury is a known complication of a hysterectomy.
- The case settled for $250,000.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Laparoscopy leads to sepsis, peritonitis, death
A woman under went laparoscopic surgery to determine the cause of her infertility. Some time later, she suffered sepsis and peritonitis that resulted in her death.
In suing, the decedent’s family claimed the physician perforated the woman’s sigmoid colon during the procedure. They further alleged that the patient should not have had laparoscopic surgery.
The physician argued that the procedure was indicated, and that perforations of this kind are known complications of the procedure.
- The case settled for $1 million.
A woman under went laparoscopic surgery to determine the cause of her infertility. Some time later, she suffered sepsis and peritonitis that resulted in her death.
In suing, the decedent’s family claimed the physician perforated the woman’s sigmoid colon during the procedure. They further alleged that the patient should not have had laparoscopic surgery.
The physician argued that the procedure was indicated, and that perforations of this kind are known complications of the procedure.
- The case settled for $1 million.
A woman under went laparoscopic surgery to determine the cause of her infertility. Some time later, she suffered sepsis and peritonitis that resulted in her death.
In suing, the decedent’s family claimed the physician perforated the woman’s sigmoid colon during the procedure. They further alleged that the patient should not have had laparoscopic surgery.
The physician argued that the procedure was indicated, and that perforations of this kind are known complications of the procedure.
- The case settled for $1 million.
Did missed preeclampsia lead to maternal, infant death?
A 27-year-old woman presented to a hospital at 32 weeks’ gestation. She suffered a placental abruption that resulted in the fetus’ death and developed anemia that required a blood transfusion. However, she refused the procedure due to religious beliefs and died several days later.
In suing, the patient’s family claimed that the woman’s signs of preeclampsia went unrecognized by the physician. In addition, they claimed that there were treatment alternatives to a blood transfusion that were not made available to her.
The physicians argued that the woman’s preeclampsia symptoms were unclear, and that it was her refusal to receive a blood transfusion that caused her demise.
- The case settled for $1 million.
A 27-year-old woman presented to a hospital at 32 weeks’ gestation. She suffered a placental abruption that resulted in the fetus’ death and developed anemia that required a blood transfusion. However, she refused the procedure due to religious beliefs and died several days later.
In suing, the patient’s family claimed that the woman’s signs of preeclampsia went unrecognized by the physician. In addition, they claimed that there were treatment alternatives to a blood transfusion that were not made available to her.
The physicians argued that the woman’s preeclampsia symptoms were unclear, and that it was her refusal to receive a blood transfusion that caused her demise.
- The case settled for $1 million.
A 27-year-old woman presented to a hospital at 32 weeks’ gestation. She suffered a placental abruption that resulted in the fetus’ death and developed anemia that required a blood transfusion. However, she refused the procedure due to religious beliefs and died several days later.
In suing, the patient’s family claimed that the woman’s signs of preeclampsia went unrecognized by the physician. In addition, they claimed that there were treatment alternatives to a blood transfusion that were not made available to her.
The physicians argued that the woman’s preeclampsia symptoms were unclear, and that it was her refusal to receive a blood transfusion that caused her demise.
- The case settled for $1 million.
Misplaced suture leads to nerve damage, foot drop
A 52-year-old woman presented to her Ob/Gyn for a hysterectomy and bilateral salpingo-oophorectomy, along with a left sacrospinous ligament fixation to correct a prolapsed uterus with a prolapsed vagina. Postoperatively, the patient complained of pain in her left buttock and left leg, as well as weakness in her toes and left leg. After a neurologist was consulted, the patient was advised that observation was the best course of action. Later, she developed foot drop. Subsequent examination determined that the woman’s symptoms stemmed from a misplaced suture near or through the pudendal vessels and sciatic nerve.
In suing, the patient alleged that the Ob/Gyn failed to perform the surgery within the standard of care and did not exercise caution while suturing.
The Ob/Gyn contended that the patient relied on a neurologist to observe her condition. The neurologist, however, claimed he was unaware that foot drop was a potential complication of a sacrospinous ligament fixation.
- The case against the Ob/Gyn settled for $631,000. A suit is still pending against defendant neurologist.
A 52-year-old woman presented to her Ob/Gyn for a hysterectomy and bilateral salpingo-oophorectomy, along with a left sacrospinous ligament fixation to correct a prolapsed uterus with a prolapsed vagina. Postoperatively, the patient complained of pain in her left buttock and left leg, as well as weakness in her toes and left leg. After a neurologist was consulted, the patient was advised that observation was the best course of action. Later, she developed foot drop. Subsequent examination determined that the woman’s symptoms stemmed from a misplaced suture near or through the pudendal vessels and sciatic nerve.
In suing, the patient alleged that the Ob/Gyn failed to perform the surgery within the standard of care and did not exercise caution while suturing.
The Ob/Gyn contended that the patient relied on a neurologist to observe her condition. The neurologist, however, claimed he was unaware that foot drop was a potential complication of a sacrospinous ligament fixation.
- The case against the Ob/Gyn settled for $631,000. A suit is still pending against defendant neurologist.
A 52-year-old woman presented to her Ob/Gyn for a hysterectomy and bilateral salpingo-oophorectomy, along with a left sacrospinous ligament fixation to correct a prolapsed uterus with a prolapsed vagina. Postoperatively, the patient complained of pain in her left buttock and left leg, as well as weakness in her toes and left leg. After a neurologist was consulted, the patient was advised that observation was the best course of action. Later, she developed foot drop. Subsequent examination determined that the woman’s symptoms stemmed from a misplaced suture near or through the pudendal vessels and sciatic nerve.
In suing, the patient alleged that the Ob/Gyn failed to perform the surgery within the standard of care and did not exercise caution while suturing.
The Ob/Gyn contended that the patient relied on a neurologist to observe her condition. The neurologist, however, claimed he was unaware that foot drop was a potential complication of a sacrospinous ligament fixation.
- The case against the Ob/Gyn settled for $631,000. A suit is still pending against defendant neurologist.