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Medical Verdicts
Resident’s C-section injures multiple organs
A 28-year-old woman at term underwent a cesarean section for failure to progress after pushing for 2 hours.
A resident performing the cesarean lacerated the woman’s bladder, ureter, and vagina, ultimately necessitating a total hysterectomy.
In suing, the woman alleged the laceration of multiple organs was negligent. She claimed she had posttraumatic stress disorder, overactive bladder syndrome, dyspareunia, and chronic pelvic pain. She required placement of a nerve stimulator to calm the bladder and reduce her pain.
The defense conceded that surgical errors were made, but claimed the woman’s long-term medical conditions were not caused by the lacerations. Rather, the defense suggested, the hysterectomy and postsurgical complications were related to the pushing during the initial attempt at vaginal delivery.
- The jury awarded the plaintiff $17 million.
Patient claims she had the wrong operation
A woman with irregular menstrual cycles and chronic pelvic and abdominal pain in whom conservative treatment had failed was scheduled for a total abdominal hysterectomy. When her pain continued after the surgery, she consulted her surgeon, who had actually performed a right ovarian cystectomy and several other procedures instead of the total abdominal hysterectomy.
In suing, the woman claimed the surgeon failed to perform the agreed-upon procedure.
The surgeon maintained he did what was necessary and had discussed the potential for alternative scenarios with the woman prior to the surgery.
- The jury returned a defense verdict.
Marsupialization of cyst blamed for painful sex
A 46-year-old woman returned to her gynecologist for a recurrent Bartholin’s gland cyst after an initial incision and drainage. The woman believed she was undergoing a second incision and drainage.
The gynecologist’s colleague performed a partial marsupialization of the cyst to allow drainage and prevent a recurrence, allegedly without providing a consent form. After the procedure, the woman complained of pain during sexual intercourse that adversely affected her marital relationship.
In suing, the woman claimed the physician failed to obtain informed consent and failed to perform the procedure within the standard of care because the opening was allegedly larger than it should have been.
The physician claimed a discussion of the potential risks and complications took place before the procedure and, moreover, that a signed consent form is not a prerequisite to informed consent. The physician maintained the woman’s complaints of pain during sex were consistent with postmenopause. The defense also claimed the standard of care was met because the cyst did not recur afterward.
- The jury returned a defense verdict.
Residents blamed for fatal insulin overdose
A pregnant woman diagnosed with gestational diabetes was prescribed a daily dose of insulin at a family clinic by 2 residents and an attending physician. The woman received instructions on diet and insulin self-injection, on a Friday. According to the log of her blood sugar levels, she followed her medication regimen properly over the weekend, yet was found dead in her apartment on Monday. Autopsy revealed the cause of death was accidental insulin intoxication.
In suing the hospital, the estates for the mother and fetus alleged overprescription of insulin. The hospital denied either resident was acting as its agent. The defense claimed the residents were not negligent and had used the proper method for determining daily insulin dose and the proper means of insulin administration.
The defense also disputed the cause of death, asserting the blood tested for insulin level during the autopsy should have been obtained from a peripheral location (not an atrium of the heart) for an accurate reading of predeath level.
- The jury returned a defense verdict.
Did low incision cause paresthesias along legs?
A 54-year-old woman complaining of severe cramping and bleeding underwent a dilation and curettage, then a vaginal hysterectomy the next month. A year later the same surgeon removed the ovaries and performed a Marshall-Marchetti-Krantz procedure for incontinence. The woman began complaining of burning, pain, and tingling in the vaginal area and hips, then in her legs and ankles.
In suing, the woman claimed the incision for the MMK was too low and the MMK was the wrong procedure. She claimed that the MMK procedure entrapped the ilioinguinal and iliohypergastric nerves.
The physician maintained that the woman’s symptoms were unrelated to the surgery, and disagreed with the plaintiff’s assessment that the incision was “too low.”
- The jury awarded the plaintiff $709,000, which was reduced to $200,000 (the limit of the defendant’s insurance policy) because of the defendant’s bankruptcy.
Did mix-up on ultrasound lead to fetal death?
A day after a 36-year-old gravida at 36 weeks’ gestation was placed on bed rest for mild preeclampsia, she called the clinic to report that her fetus had stopped moving. The on-call family physician read the fetal heart monitor as nonreactive and ordered a STAT biophysical profile ultrasound and a follow-up ultrasound for later that night.
A complete obstetrical ultrasound was performed instead, and the records did not document any follow-up. A few days later at a regularly scheduled exam, fetal distress was diagnosed. Fetal monitoring at the hospital showed a fetal heart rate deceleration that led to an emergency c-section.
The infant did not have a detectable pulse until 16 minutes after birth. It was later determined that the mother had a fetal-maternal hemorrhage, leading to the loss of 75% of the infant’s blood. The child has cerebral palsy, cortical blindness, and spastic quadriplegia.
In suing, the woman claimed proper treatment would have avoided the brain damage. The defense claimed the brain damage occurred before her last clinic visit.
- The jury awarded the plaintiff $17 million, finding 80% liability with the hospital and 20% with the physicians.
Resident’s C-section injures multiple organs
A 28-year-old woman at term underwent a cesarean section for failure to progress after pushing for 2 hours.
A resident performing the cesarean lacerated the woman’s bladder, ureter, and vagina, ultimately necessitating a total hysterectomy.
In suing, the woman alleged the laceration of multiple organs was negligent. She claimed she had posttraumatic stress disorder, overactive bladder syndrome, dyspareunia, and chronic pelvic pain. She required placement of a nerve stimulator to calm the bladder and reduce her pain.
The defense conceded that surgical errors were made, but claimed the woman’s long-term medical conditions were not caused by the lacerations. Rather, the defense suggested, the hysterectomy and postsurgical complications were related to the pushing during the initial attempt at vaginal delivery.
- The jury awarded the plaintiff $17 million.
Patient claims she had the wrong operation
A woman with irregular menstrual cycles and chronic pelvic and abdominal pain in whom conservative treatment had failed was scheduled for a total abdominal hysterectomy. When her pain continued after the surgery, she consulted her surgeon, who had actually performed a right ovarian cystectomy and several other procedures instead of the total abdominal hysterectomy.
In suing, the woman claimed the surgeon failed to perform the agreed-upon procedure.
The surgeon maintained he did what was necessary and had discussed the potential for alternative scenarios with the woman prior to the surgery.
- The jury returned a defense verdict.
Marsupialization of cyst blamed for painful sex
A 46-year-old woman returned to her gynecologist for a recurrent Bartholin’s gland cyst after an initial incision and drainage. The woman believed she was undergoing a second incision and drainage.
The gynecologist’s colleague performed a partial marsupialization of the cyst to allow drainage and prevent a recurrence, allegedly without providing a consent form. After the procedure, the woman complained of pain during sexual intercourse that adversely affected her marital relationship.
In suing, the woman claimed the physician failed to obtain informed consent and failed to perform the procedure within the standard of care because the opening was allegedly larger than it should have been.
The physician claimed a discussion of the potential risks and complications took place before the procedure and, moreover, that a signed consent form is not a prerequisite to informed consent. The physician maintained the woman’s complaints of pain during sex were consistent with postmenopause. The defense also claimed the standard of care was met because the cyst did not recur afterward.
- The jury returned a defense verdict.
Residents blamed for fatal insulin overdose
A pregnant woman diagnosed with gestational diabetes was prescribed a daily dose of insulin at a family clinic by 2 residents and an attending physician. The woman received instructions on diet and insulin self-injection, on a Friday. According to the log of her blood sugar levels, she followed her medication regimen properly over the weekend, yet was found dead in her apartment on Monday. Autopsy revealed the cause of death was accidental insulin intoxication.
In suing the hospital, the estates for the mother and fetus alleged overprescription of insulin. The hospital denied either resident was acting as its agent. The defense claimed the residents were not negligent and had used the proper method for determining daily insulin dose and the proper means of insulin administration.
The defense also disputed the cause of death, asserting the blood tested for insulin level during the autopsy should have been obtained from a peripheral location (not an atrium of the heart) for an accurate reading of predeath level.
- The jury returned a defense verdict.
Did low incision cause paresthesias along legs?
A 54-year-old woman complaining of severe cramping and bleeding underwent a dilation and curettage, then a vaginal hysterectomy the next month. A year later the same surgeon removed the ovaries and performed a Marshall-Marchetti-Krantz procedure for incontinence. The woman began complaining of burning, pain, and tingling in the vaginal area and hips, then in her legs and ankles.
In suing, the woman claimed the incision for the MMK was too low and the MMK was the wrong procedure. She claimed that the MMK procedure entrapped the ilioinguinal and iliohypergastric nerves.
The physician maintained that the woman’s symptoms were unrelated to the surgery, and disagreed with the plaintiff’s assessment that the incision was “too low.”
- The jury awarded the plaintiff $709,000, which was reduced to $200,000 (the limit of the defendant’s insurance policy) because of the defendant’s bankruptcy.
Did mix-up on ultrasound lead to fetal death?
A day after a 36-year-old gravida at 36 weeks’ gestation was placed on bed rest for mild preeclampsia, she called the clinic to report that her fetus had stopped moving. The on-call family physician read the fetal heart monitor as nonreactive and ordered a STAT biophysical profile ultrasound and a follow-up ultrasound for later that night.
A complete obstetrical ultrasound was performed instead, and the records did not document any follow-up. A few days later at a regularly scheduled exam, fetal distress was diagnosed. Fetal monitoring at the hospital showed a fetal heart rate deceleration that led to an emergency c-section.
The infant did not have a detectable pulse until 16 minutes after birth. It was later determined that the mother had a fetal-maternal hemorrhage, leading to the loss of 75% of the infant’s blood. The child has cerebral palsy, cortical blindness, and spastic quadriplegia.
In suing, the woman claimed proper treatment would have avoided the brain damage. The defense claimed the brain damage occurred before her last clinic visit.
- The jury awarded the plaintiff $17 million, finding 80% liability with the hospital and 20% with the physicians.
Resident’s C-section injures multiple organs
A 28-year-old woman at term underwent a cesarean section for failure to progress after pushing for 2 hours.
A resident performing the cesarean lacerated the woman’s bladder, ureter, and vagina, ultimately necessitating a total hysterectomy.
In suing, the woman alleged the laceration of multiple organs was negligent. She claimed she had posttraumatic stress disorder, overactive bladder syndrome, dyspareunia, and chronic pelvic pain. She required placement of a nerve stimulator to calm the bladder and reduce her pain.
The defense conceded that surgical errors were made, but claimed the woman’s long-term medical conditions were not caused by the lacerations. Rather, the defense suggested, the hysterectomy and postsurgical complications were related to the pushing during the initial attempt at vaginal delivery.
- The jury awarded the plaintiff $17 million.
Patient claims she had the wrong operation
A woman with irregular menstrual cycles and chronic pelvic and abdominal pain in whom conservative treatment had failed was scheduled for a total abdominal hysterectomy. When her pain continued after the surgery, she consulted her surgeon, who had actually performed a right ovarian cystectomy and several other procedures instead of the total abdominal hysterectomy.
In suing, the woman claimed the surgeon failed to perform the agreed-upon procedure.
The surgeon maintained he did what was necessary and had discussed the potential for alternative scenarios with the woman prior to the surgery.
- The jury returned a defense verdict.
Marsupialization of cyst blamed for painful sex
A 46-year-old woman returned to her gynecologist for a recurrent Bartholin’s gland cyst after an initial incision and drainage. The woman believed she was undergoing a second incision and drainage.
The gynecologist’s colleague performed a partial marsupialization of the cyst to allow drainage and prevent a recurrence, allegedly without providing a consent form. After the procedure, the woman complained of pain during sexual intercourse that adversely affected her marital relationship.
In suing, the woman claimed the physician failed to obtain informed consent and failed to perform the procedure within the standard of care because the opening was allegedly larger than it should have been.
The physician claimed a discussion of the potential risks and complications took place before the procedure and, moreover, that a signed consent form is not a prerequisite to informed consent. The physician maintained the woman’s complaints of pain during sex were consistent with postmenopause. The defense also claimed the standard of care was met because the cyst did not recur afterward.
- The jury returned a defense verdict.
Residents blamed for fatal insulin overdose
A pregnant woman diagnosed with gestational diabetes was prescribed a daily dose of insulin at a family clinic by 2 residents and an attending physician. The woman received instructions on diet and insulin self-injection, on a Friday. According to the log of her blood sugar levels, she followed her medication regimen properly over the weekend, yet was found dead in her apartment on Monday. Autopsy revealed the cause of death was accidental insulin intoxication.
In suing the hospital, the estates for the mother and fetus alleged overprescription of insulin. The hospital denied either resident was acting as its agent. The defense claimed the residents were not negligent and had used the proper method for determining daily insulin dose and the proper means of insulin administration.
The defense also disputed the cause of death, asserting the blood tested for insulin level during the autopsy should have been obtained from a peripheral location (not an atrium of the heart) for an accurate reading of predeath level.
- The jury returned a defense verdict.
Did low incision cause paresthesias along legs?
A 54-year-old woman complaining of severe cramping and bleeding underwent a dilation and curettage, then a vaginal hysterectomy the next month. A year later the same surgeon removed the ovaries and performed a Marshall-Marchetti-Krantz procedure for incontinence. The woman began complaining of burning, pain, and tingling in the vaginal area and hips, then in her legs and ankles.
In suing, the woman claimed the incision for the MMK was too low and the MMK was the wrong procedure. She claimed that the MMK procedure entrapped the ilioinguinal and iliohypergastric nerves.
The physician maintained that the woman’s symptoms were unrelated to the surgery, and disagreed with the plaintiff’s assessment that the incision was “too low.”
- The jury awarded the plaintiff $709,000, which was reduced to $200,000 (the limit of the defendant’s insurance policy) because of the defendant’s bankruptcy.
Did mix-up on ultrasound lead to fetal death?
A day after a 36-year-old gravida at 36 weeks’ gestation was placed on bed rest for mild preeclampsia, she called the clinic to report that her fetus had stopped moving. The on-call family physician read the fetal heart monitor as nonreactive and ordered a STAT biophysical profile ultrasound and a follow-up ultrasound for later that night.
A complete obstetrical ultrasound was performed instead, and the records did not document any follow-up. A few days later at a regularly scheduled exam, fetal distress was diagnosed. Fetal monitoring at the hospital showed a fetal heart rate deceleration that led to an emergency c-section.
The infant did not have a detectable pulse until 16 minutes after birth. It was later determined that the mother had a fetal-maternal hemorrhage, leading to the loss of 75% of the infant’s blood. The child has cerebral palsy, cortical blindness, and spastic quadriplegia.
In suing, the woman claimed proper treatment would have avoided the brain damage. The defense claimed the brain damage occurred before her last clinic visit.
- The jury awarded the plaintiff $17 million, finding 80% liability with the hospital and 20% with the physicians.
Lax protocols blamed for delayed birth
A woman admitted for delivery was under the care of her family physician, who ruptured her membranes. Within 1 to 2 minutes the fetal heart tracing showed a prolonged deceleration from 150 to 60 bpm lasting 4.5 minutes. A vaginal exam revealed a loop of cord along the left side of the infant’s head. During the next 28 minutes, the fetal heart rate ranged from 60 to 120 bpm with evidence of significant fetal distress, including several instances in which the heart rate was lost altogether.
The physician lifted the infant’s head, reducing the cord, and instructed the mother to push. The infant was born with a fractured right humerus, a small subdural bleed, and an intracerebral contusion.
The child now has limited cognition, residing in a nursing home for 24-hour care. He has a gastric tube and a tracheostomy.
In suing, the family claimed the infant sustained severe brain damage from anoxia. They claimed the physician was negligent in failing to order a cesarean section. They claimed the hospital lacked a written on-call protocol and call list, resulting in the primary OB being busy in another hospital and the back-up OB being more than 45 minutes away.
The physician asserted he was unaware of a prolapsed cord at the time and that the records were written in retrospect. The hospital maintained its on-call policy was correct. The defendants claimed the infant’s injuries were related to something other than anoxia from the prolapsed cord.
- The case settled for $11 million.
A woman admitted for delivery was under the care of her family physician, who ruptured her membranes. Within 1 to 2 minutes the fetal heart tracing showed a prolonged deceleration from 150 to 60 bpm lasting 4.5 minutes. A vaginal exam revealed a loop of cord along the left side of the infant’s head. During the next 28 minutes, the fetal heart rate ranged from 60 to 120 bpm with evidence of significant fetal distress, including several instances in which the heart rate was lost altogether.
The physician lifted the infant’s head, reducing the cord, and instructed the mother to push. The infant was born with a fractured right humerus, a small subdural bleed, and an intracerebral contusion.
The child now has limited cognition, residing in a nursing home for 24-hour care. He has a gastric tube and a tracheostomy.
In suing, the family claimed the infant sustained severe brain damage from anoxia. They claimed the physician was negligent in failing to order a cesarean section. They claimed the hospital lacked a written on-call protocol and call list, resulting in the primary OB being busy in another hospital and the back-up OB being more than 45 minutes away.
The physician asserted he was unaware of a prolapsed cord at the time and that the records were written in retrospect. The hospital maintained its on-call policy was correct. The defendants claimed the infant’s injuries were related to something other than anoxia from the prolapsed cord.
- The case settled for $11 million.
A woman admitted for delivery was under the care of her family physician, who ruptured her membranes. Within 1 to 2 minutes the fetal heart tracing showed a prolonged deceleration from 150 to 60 bpm lasting 4.5 minutes. A vaginal exam revealed a loop of cord along the left side of the infant’s head. During the next 28 minutes, the fetal heart rate ranged from 60 to 120 bpm with evidence of significant fetal distress, including several instances in which the heart rate was lost altogether.
The physician lifted the infant’s head, reducing the cord, and instructed the mother to push. The infant was born with a fractured right humerus, a small subdural bleed, and an intracerebral contusion.
The child now has limited cognition, residing in a nursing home for 24-hour care. He has a gastric tube and a tracheostomy.
In suing, the family claimed the infant sustained severe brain damage from anoxia. They claimed the physician was negligent in failing to order a cesarean section. They claimed the hospital lacked a written on-call protocol and call list, resulting in the primary OB being busy in another hospital and the back-up OB being more than 45 minutes away.
The physician asserted he was unaware of a prolapsed cord at the time and that the records were written in retrospect. The hospital maintained its on-call policy was correct. The defendants claimed the infant’s injuries were related to something other than anoxia from the prolapsed cord.
- The case settled for $11 million.
Foot drop after oophorectomy
After laparoscopic oophorectomy for an ovarian cyst, a woman complained of foot drop. Despite physical therapy, the woman maintained her gait did not improve.
In suing, the woman claimed the oophorectomy was unnecessary because the cyst was benign; that the operation lasted too long; and that the physician positioned her leg poorly during the procedure, leading to compression of the superficial peroneal nerve and the foot drop.
The defense denied negligence and asserted the woman’s condition was a complication of surgery.
- The jury awarded the plaintiff $25,800.
After laparoscopic oophorectomy for an ovarian cyst, a woman complained of foot drop. Despite physical therapy, the woman maintained her gait did not improve.
In suing, the woman claimed the oophorectomy was unnecessary because the cyst was benign; that the operation lasted too long; and that the physician positioned her leg poorly during the procedure, leading to compression of the superficial peroneal nerve and the foot drop.
The defense denied negligence and asserted the woman’s condition was a complication of surgery.
- The jury awarded the plaintiff $25,800.
After laparoscopic oophorectomy for an ovarian cyst, a woman complained of foot drop. Despite physical therapy, the woman maintained her gait did not improve.
In suing, the woman claimed the oophorectomy was unnecessary because the cyst was benign; that the operation lasted too long; and that the physician positioned her leg poorly during the procedure, leading to compression of the superficial peroneal nerve and the foot drop.
The defense denied negligence and asserted the woman’s condition was a complication of surgery.
- The jury awarded the plaintiff $25,800.
Unsupervised resident performed circumcision
A 2-day-old infant underwent circumcision by an unsupervised second-year ObGyn resident. The resident removed a substantial portion of glans tissue. Despite 2 subsequent repair surgeries, the infant was left with a deformed penis and altered urine flow.
In suing, the plaintiff faulted the hospital for failing to adequately supervise the resident. The resident claimed it was reasonable to perform the surgery without supervision after 10 successful proctored procedures and that the result was an acceptable risk. The hospital admitted liability.
- The jury awarded the plaintiff $1.5 million.
A 2-day-old infant underwent circumcision by an unsupervised second-year ObGyn resident. The resident removed a substantial portion of glans tissue. Despite 2 subsequent repair surgeries, the infant was left with a deformed penis and altered urine flow.
In suing, the plaintiff faulted the hospital for failing to adequately supervise the resident. The resident claimed it was reasonable to perform the surgery without supervision after 10 successful proctored procedures and that the result was an acceptable risk. The hospital admitted liability.
- The jury awarded the plaintiff $1.5 million.
A 2-day-old infant underwent circumcision by an unsupervised second-year ObGyn resident. The resident removed a substantial portion of glans tissue. Despite 2 subsequent repair surgeries, the infant was left with a deformed penis and altered urine flow.
In suing, the plaintiff faulted the hospital for failing to adequately supervise the resident. The resident claimed it was reasonable to perform the surgery without supervision after 10 successful proctored procedures and that the result was an acceptable risk. The hospital admitted liability.
- The jury awarded the plaintiff $1.5 million.
Membranes ruptured unintentionally
A 21-year-old woman was admitted to a labor and delivery unit, and the on-call OB was called. Because of abnormal fetal monitor readings, the nurse requested immediate assistance from an available OB. That OB determined that the woman was dilated 5 cm, that her amniotic membrane was intact, and that the fetus was in a vertex position with a probable cord presentation. Upon his arrival, the on-call OB assumed care.
During another vaginal exam the membranes ruptured, necessitating an emergency c-section. The infant was born 18 minutes later with an Apgar score of 1 that remained at that level after 1, 5, 10, and 15 minutes.
The infant was eventually diagnosed with hypoxic ischemic encephalopathy. Now wheelchair-bound, the child has cerebral palsy, quadriparesis, and severe mental retardation, and cannot care for herself.
The mother alleged the birth canal exam ruptured the membranes, causing cord prolapse that resulted in asphyxiation. She claimed a delivery team member should have elevated the infant’s head off the cord.
The defense admitted that the vaginal exam ruptured the membranes, but maintained it was necessary to determine the exact status of the mother’s labor and to investigate for placental abruption.
- The jury returned a defense verdict after the hospital settled for $2 million.
A 21-year-old woman was admitted to a labor and delivery unit, and the on-call OB was called. Because of abnormal fetal monitor readings, the nurse requested immediate assistance from an available OB. That OB determined that the woman was dilated 5 cm, that her amniotic membrane was intact, and that the fetus was in a vertex position with a probable cord presentation. Upon his arrival, the on-call OB assumed care.
During another vaginal exam the membranes ruptured, necessitating an emergency c-section. The infant was born 18 minutes later with an Apgar score of 1 that remained at that level after 1, 5, 10, and 15 minutes.
The infant was eventually diagnosed with hypoxic ischemic encephalopathy. Now wheelchair-bound, the child has cerebral palsy, quadriparesis, and severe mental retardation, and cannot care for herself.
The mother alleged the birth canal exam ruptured the membranes, causing cord prolapse that resulted in asphyxiation. She claimed a delivery team member should have elevated the infant’s head off the cord.
The defense admitted that the vaginal exam ruptured the membranes, but maintained it was necessary to determine the exact status of the mother’s labor and to investigate for placental abruption.
- The jury returned a defense verdict after the hospital settled for $2 million.
A 21-year-old woman was admitted to a labor and delivery unit, and the on-call OB was called. Because of abnormal fetal monitor readings, the nurse requested immediate assistance from an available OB. That OB determined that the woman was dilated 5 cm, that her amniotic membrane was intact, and that the fetus was in a vertex position with a probable cord presentation. Upon his arrival, the on-call OB assumed care.
During another vaginal exam the membranes ruptured, necessitating an emergency c-section. The infant was born 18 minutes later with an Apgar score of 1 that remained at that level after 1, 5, 10, and 15 minutes.
The infant was eventually diagnosed with hypoxic ischemic encephalopathy. Now wheelchair-bound, the child has cerebral palsy, quadriparesis, and severe mental retardation, and cannot care for herself.
The mother alleged the birth canal exam ruptured the membranes, causing cord prolapse that resulted in asphyxiation. She claimed a delivery team member should have elevated the infant’s head off the cord.
The defense admitted that the vaginal exam ruptured the membranes, but maintained it was necessary to determine the exact status of the mother’s labor and to investigate for placental abruption.
- The jury returned a defense verdict after the hospital settled for $2 million.
Was bowel perforation surgical or spontaneous?
A woman was discharged 4 days after a total abdominal hysterectomy and oophorecto-my, during which dense adhesions were encountered between the bowel and left ovary. Six days later she presented to the emergency department with complaints of abdominal pain and stool problems. A CT scan showed accumulation of free gas.
Immediate exploratory surgery revealed a 2.5-cm perforation of the bowel that was repaired. Several more surgeries were required because of massive fecal contamination, including a partial colectomy and a temporary colostomy.
In suing, the woman faulted the surgeon for injuring the bowel and failing to recognize the injury. She maintained that prompt discovery of the injury would have minimized complications.
The defense claimed that the bowel had spontaneously perforated within a day of the repair surgery, and showed pathology slide evidence of a recent event.
- The jury returned a defense verdict.
A woman was discharged 4 days after a total abdominal hysterectomy and oophorecto-my, during which dense adhesions were encountered between the bowel and left ovary. Six days later she presented to the emergency department with complaints of abdominal pain and stool problems. A CT scan showed accumulation of free gas.
Immediate exploratory surgery revealed a 2.5-cm perforation of the bowel that was repaired. Several more surgeries were required because of massive fecal contamination, including a partial colectomy and a temporary colostomy.
In suing, the woman faulted the surgeon for injuring the bowel and failing to recognize the injury. She maintained that prompt discovery of the injury would have minimized complications.
The defense claimed that the bowel had spontaneously perforated within a day of the repair surgery, and showed pathology slide evidence of a recent event.
- The jury returned a defense verdict.
A woman was discharged 4 days after a total abdominal hysterectomy and oophorecto-my, during which dense adhesions were encountered between the bowel and left ovary. Six days later she presented to the emergency department with complaints of abdominal pain and stool problems. A CT scan showed accumulation of free gas.
Immediate exploratory surgery revealed a 2.5-cm perforation of the bowel that was repaired. Several more surgeries were required because of massive fecal contamination, including a partial colectomy and a temporary colostomy.
In suing, the woman faulted the surgeon for injuring the bowel and failing to recognize the injury. She maintained that prompt discovery of the injury would have minimized complications.
The defense claimed that the bowel had spontaneously perforated within a day of the repair surgery, and showed pathology slide evidence of a recent event.
- The jury returned a defense verdict.
Jury faults ObGyns for silence on abortion
A woman gave birth to an infant with rare congenital abnormalities. The parents alleged sonograms indicated abnormalities early on in the course of the pregnancy. In suing, they faulted the obstetrician and the referring maternal-fetal medicine specialist for failing to advise of the option to terminate the pregnancy.
- The jury awarded the plaintiff $5.8 million.
A woman gave birth to an infant with rare congenital abnormalities. The parents alleged sonograms indicated abnormalities early on in the course of the pregnancy. In suing, they faulted the obstetrician and the referring maternal-fetal medicine specialist for failing to advise of the option to terminate the pregnancy.
- The jury awarded the plaintiff $5.8 million.
A woman gave birth to an infant with rare congenital abnormalities. The parents alleged sonograms indicated abnormalities early on in the course of the pregnancy. In suing, they faulted the obstetrician and the referring maternal-fetal medicine specialist for failing to advise of the option to terminate the pregnancy.
- The jury awarded the plaintiff $5.8 million.
Delivery linked to disability
More than a week overdue, a woman was admitted for labor induction at 7 AM. At 12:30 PM the physician ruptured her membranes. By 4:45 PM labor had progressed slowly and the fetal heart rate tracing was intermittently abnormal. The physician placed the mother on her side and administered oxygen.
The next time a physician saw the woman was nearly 3 hours later, but that physician allegedly did not offer cesarean as an option. Another 2 hours later the physician made several attempts at vacuum extraction delivery, and the mother eventually pushed the fetus out on her own. The infant was depressed and had signs of bruising around her head. MRI and CT scans showed cerebral hemorrhage.
Now 9 years old, the child has severe learning disabilities and wears braces. She sometimes uses a walker because she is prone to falling down.
- The jury awarded the plaintiff $23.8 million.
More than a week overdue, a woman was admitted for labor induction at 7 AM. At 12:30 PM the physician ruptured her membranes. By 4:45 PM labor had progressed slowly and the fetal heart rate tracing was intermittently abnormal. The physician placed the mother on her side and administered oxygen.
The next time a physician saw the woman was nearly 3 hours later, but that physician allegedly did not offer cesarean as an option. Another 2 hours later the physician made several attempts at vacuum extraction delivery, and the mother eventually pushed the fetus out on her own. The infant was depressed and had signs of bruising around her head. MRI and CT scans showed cerebral hemorrhage.
Now 9 years old, the child has severe learning disabilities and wears braces. She sometimes uses a walker because she is prone to falling down.
- The jury awarded the plaintiff $23.8 million.
More than a week overdue, a woman was admitted for labor induction at 7 AM. At 12:30 PM the physician ruptured her membranes. By 4:45 PM labor had progressed slowly and the fetal heart rate tracing was intermittently abnormal. The physician placed the mother on her side and administered oxygen.
The next time a physician saw the woman was nearly 3 hours later, but that physician allegedly did not offer cesarean as an option. Another 2 hours later the physician made several attempts at vacuum extraction delivery, and the mother eventually pushed the fetus out on her own. The infant was depressed and had signs of bruising around her head. MRI and CT scans showed cerebral hemorrhage.
Now 9 years old, the child has severe learning disabilities and wears braces. She sometimes uses a walker because she is prone to falling down.
- The jury awarded the plaintiff $23.8 million.
Fetal demise leads to award
Prenatal care for a 2nd pregnancy was uneventful until 35 weeks, when preterm labor began. The woman reported rhythmic cramping and increased vaginal pressure. Examination revealed she was dilated to 4 cm and the fetus was at the –1 station with 80% cervical effacement. She was sent home, but was later called and asked to return to the hospital for further examination, at which time she was admitted.
Preterm labor was confirmed and the fetal status was reassuring. She was given 2 doses of steroids during the hospitalization to increase lung maturity in case of early delivery. At discharge she was told to contact her physician’s office in case of decreased fetal movement or fluid leakage.
Two days later she called the office because of decreased fetal movement. The medical assistant told the mother that this change was normal as the infant moved down the birth canal and that as long as there was any movement, she did not have to follow up. (Experts for both the defense and the plaintiff testified that this statement was incorrect.) Another 2 days later the woman called the office again to report fluid leakage. The same medical assistant told her to stay home and that these symptoms were normal.
The woman came into the office for a routine visit the next day. Although the chart notes indicated a decrease in movement and regular contractions, during the case the physician claimed the woman reported adequate fetal movement and the woman claimed she was not having contractions. The woman was sent home; 4 days later she called back to report no fetal movement.
Fetal demise was diagnosed. Upon delivery, a nuchal cord was found.
In suing, the woman claimed that earlier intervention or continued monitoring would have resulted in a healthy infant.
- The jury awarded the plaintiff $2.5 million.
Prenatal care for a 2nd pregnancy was uneventful until 35 weeks, when preterm labor began. The woman reported rhythmic cramping and increased vaginal pressure. Examination revealed she was dilated to 4 cm and the fetus was at the –1 station with 80% cervical effacement. She was sent home, but was later called and asked to return to the hospital for further examination, at which time she was admitted.
Preterm labor was confirmed and the fetal status was reassuring. She was given 2 doses of steroids during the hospitalization to increase lung maturity in case of early delivery. At discharge she was told to contact her physician’s office in case of decreased fetal movement or fluid leakage.
Two days later she called the office because of decreased fetal movement. The medical assistant told the mother that this change was normal as the infant moved down the birth canal and that as long as there was any movement, she did not have to follow up. (Experts for both the defense and the plaintiff testified that this statement was incorrect.) Another 2 days later the woman called the office again to report fluid leakage. The same medical assistant told her to stay home and that these symptoms were normal.
The woman came into the office for a routine visit the next day. Although the chart notes indicated a decrease in movement and regular contractions, during the case the physician claimed the woman reported adequate fetal movement and the woman claimed she was not having contractions. The woman was sent home; 4 days later she called back to report no fetal movement.
Fetal demise was diagnosed. Upon delivery, a nuchal cord was found.
In suing, the woman claimed that earlier intervention or continued monitoring would have resulted in a healthy infant.
- The jury awarded the plaintiff $2.5 million.
Prenatal care for a 2nd pregnancy was uneventful until 35 weeks, when preterm labor began. The woman reported rhythmic cramping and increased vaginal pressure. Examination revealed she was dilated to 4 cm and the fetus was at the –1 station with 80% cervical effacement. She was sent home, but was later called and asked to return to the hospital for further examination, at which time she was admitted.
Preterm labor was confirmed and the fetal status was reassuring. She was given 2 doses of steroids during the hospitalization to increase lung maturity in case of early delivery. At discharge she was told to contact her physician’s office in case of decreased fetal movement or fluid leakage.
Two days later she called the office because of decreased fetal movement. The medical assistant told the mother that this change was normal as the infant moved down the birth canal and that as long as there was any movement, she did not have to follow up. (Experts for both the defense and the plaintiff testified that this statement was incorrect.) Another 2 days later the woman called the office again to report fluid leakage. The same medical assistant told her to stay home and that these symptoms were normal.
The woman came into the office for a routine visit the next day. Although the chart notes indicated a decrease in movement and regular contractions, during the case the physician claimed the woman reported adequate fetal movement and the woman claimed she was not having contractions. The woman was sent home; 4 days later she called back to report no fetal movement.
Fetal demise was diagnosed. Upon delivery, a nuchal cord was found.
In suing, the woman claimed that earlier intervention or continued monitoring would have resulted in a healthy infant.
- The jury awarded the plaintiff $2.5 million.
How was cervical cancer missed?
A woman in her early 50s had irregular vaginal bleeding attributed to fibroids. A hysterectomy was recommended on 2 different occasions a year apart, but the woman declined the procedure each time. The following year she was admitted to a hospital with fever, vomiting, and abdominal pain.
Three days later an exploratory laparotomy revealed a complex mass extending from the bladder peritoneum to the cul-de-sac and involving the lower uterine segment. The anterior mass was removed but not the posterior mass, because the colon was also adhered to the posterior portion of the uterus. The posterior mass was drained. Biopsy results of the anterior mass were negative. After discharge, 2 subsequent Pap smears 3 months apart were negative, but 4 months later a gynecological consultant diagnosed stage IVa cervical cancer. The woman underwent chemotherapy and radiation, and had a colostomy.
In suing, the woman faulted the defendants for failing to discover the cancer during her hospitalization. The defense countered that the woman failed to agree to a hysterectomy when recommended on 2 separate occasions and that the cancer was not discoverable during her hospitalization based on negative Pap smear results.
- The jury returned a defense verdict.
A woman in her early 50s had irregular vaginal bleeding attributed to fibroids. A hysterectomy was recommended on 2 different occasions a year apart, but the woman declined the procedure each time. The following year she was admitted to a hospital with fever, vomiting, and abdominal pain.
Three days later an exploratory laparotomy revealed a complex mass extending from the bladder peritoneum to the cul-de-sac and involving the lower uterine segment. The anterior mass was removed but not the posterior mass, because the colon was also adhered to the posterior portion of the uterus. The posterior mass was drained. Biopsy results of the anterior mass were negative. After discharge, 2 subsequent Pap smears 3 months apart were negative, but 4 months later a gynecological consultant diagnosed stage IVa cervical cancer. The woman underwent chemotherapy and radiation, and had a colostomy.
In suing, the woman faulted the defendants for failing to discover the cancer during her hospitalization. The defense countered that the woman failed to agree to a hysterectomy when recommended on 2 separate occasions and that the cancer was not discoverable during her hospitalization based on negative Pap smear results.
- The jury returned a defense verdict.
A woman in her early 50s had irregular vaginal bleeding attributed to fibroids. A hysterectomy was recommended on 2 different occasions a year apart, but the woman declined the procedure each time. The following year she was admitted to a hospital with fever, vomiting, and abdominal pain.
Three days later an exploratory laparotomy revealed a complex mass extending from the bladder peritoneum to the cul-de-sac and involving the lower uterine segment. The anterior mass was removed but not the posterior mass, because the colon was also adhered to the posterior portion of the uterus. The posterior mass was drained. Biopsy results of the anterior mass were negative. After discharge, 2 subsequent Pap smears 3 months apart were negative, but 4 months later a gynecological consultant diagnosed stage IVa cervical cancer. The woman underwent chemotherapy and radiation, and had a colostomy.
In suing, the woman faulted the defendants for failing to discover the cancer during her hospitalization. The defense countered that the woman failed to agree to a hysterectomy when recommended on 2 separate occasions and that the cancer was not discoverable during her hospitalization based on negative Pap smear results.
- The jury returned a defense verdict.