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Injury at cyst removal insufficiently repaired
A woman presented to her Ob/Gyn with complaints of vaginal pain and bleeding. Examination revealed a Bartholin’s gland cyst. Her Ob/Gyn recommended removal to alleviate her symptoms.
During the procedure, the physician perforated the woman’s vaginal-rectal wall. The attempt to repair the injury was not successful. As a result, the woman experienced fecal discharge through her vagina, requiring 3 subsequent surgeries.
The woman claimed the doctor did not fully discuss all treatment options, such as marsupialization, and thus did not obtain informed consent. She also argued that the defendant should have used a multilayer closure to repair the original injury.
The defendant maintained the woman was properly counseled, and noted that this injury is a known complication of the procedure.
- The case settled for $500,000.
A woman presented to her Ob/Gyn with complaints of vaginal pain and bleeding. Examination revealed a Bartholin’s gland cyst. Her Ob/Gyn recommended removal to alleviate her symptoms.
During the procedure, the physician perforated the woman’s vaginal-rectal wall. The attempt to repair the injury was not successful. As a result, the woman experienced fecal discharge through her vagina, requiring 3 subsequent surgeries.
The woman claimed the doctor did not fully discuss all treatment options, such as marsupialization, and thus did not obtain informed consent. She also argued that the defendant should have used a multilayer closure to repair the original injury.
The defendant maintained the woman was properly counseled, and noted that this injury is a known complication of the procedure.
- The case settled for $500,000.
A woman presented to her Ob/Gyn with complaints of vaginal pain and bleeding. Examination revealed a Bartholin’s gland cyst. Her Ob/Gyn recommended removal to alleviate her symptoms.
During the procedure, the physician perforated the woman’s vaginal-rectal wall. The attempt to repair the injury was not successful. As a result, the woman experienced fecal discharge through her vagina, requiring 3 subsequent surgeries.
The woman claimed the doctor did not fully discuss all treatment options, such as marsupialization, and thus did not obtain informed consent. She also argued that the defendant should have used a multilayer closure to repair the original injury.
The defendant maintained the woman was properly counseled, and noted that this injury is a known complication of the procedure.
- The case settled for $500,000.
Bladder injury leads to fasciitis, death
After unsuccessfully attempting to conceive, a 40-year-old woman consulted an infertility specialist. Suspecting adhesions, the physician performed a laparoscopy—without catheterization of the bladder, as he expected a quick procedure.
Due to the discovery of a large uterine fibroid, however, the surgery ultimately extended to more than 2 hours. While attempting to remove the fibroid, the surgeon dropped it deep into the peritoneal cavity, but retrieved it after several attempts.
The woman was sent home the same day, despite considerable pain, difficulty voiding, and significant drainage from the incision site. The following morning, however, her symptoms had intensified. The Ob/Gyn’s office thus instructed her to go to the emergency room.
Soon after presenting, she was admitted into surgery, where 2 bladder perforations were discovered. Physicians determined that, at the time of laparoscopy, the woman had a bladder infection. Thus, the perforations were leaking infected urine into the abdominal and peritoneal cavities. This caused peritonitis, sepsis, and wound infection that proved resistant to antibiotic therapy.
The woman ultimately developed necrotizing fasciitis and, despite several attempts at debridement, died 2 months after the initial laparoscopy.
In suing, the woman’s husband argued the physician was negligent for not catheterizing the patient prior to surgery. He claimed that the doctor did not notice the bladder was filling with urine during the extended surgery, thus changing the bladder’s position. Finally, he argued, the Ob/Gyn failed to notice the signs of bladder perforation and the leaking of infected urine in the recovery room.
The defendant maintained he was within the standard of care by not catheterizing the patient, and argued that necrotizing fasciitis is a rare condition that cannot be predicted.
- The case settled for $1.9 million.
After unsuccessfully attempting to conceive, a 40-year-old woman consulted an infertility specialist. Suspecting adhesions, the physician performed a laparoscopy—without catheterization of the bladder, as he expected a quick procedure.
Due to the discovery of a large uterine fibroid, however, the surgery ultimately extended to more than 2 hours. While attempting to remove the fibroid, the surgeon dropped it deep into the peritoneal cavity, but retrieved it after several attempts.
The woman was sent home the same day, despite considerable pain, difficulty voiding, and significant drainage from the incision site. The following morning, however, her symptoms had intensified. The Ob/Gyn’s office thus instructed her to go to the emergency room.
Soon after presenting, she was admitted into surgery, where 2 bladder perforations were discovered. Physicians determined that, at the time of laparoscopy, the woman had a bladder infection. Thus, the perforations were leaking infected urine into the abdominal and peritoneal cavities. This caused peritonitis, sepsis, and wound infection that proved resistant to antibiotic therapy.
The woman ultimately developed necrotizing fasciitis and, despite several attempts at debridement, died 2 months after the initial laparoscopy.
In suing, the woman’s husband argued the physician was negligent for not catheterizing the patient prior to surgery. He claimed that the doctor did not notice the bladder was filling with urine during the extended surgery, thus changing the bladder’s position. Finally, he argued, the Ob/Gyn failed to notice the signs of bladder perforation and the leaking of infected urine in the recovery room.
The defendant maintained he was within the standard of care by not catheterizing the patient, and argued that necrotizing fasciitis is a rare condition that cannot be predicted.
- The case settled for $1.9 million.
After unsuccessfully attempting to conceive, a 40-year-old woman consulted an infertility specialist. Suspecting adhesions, the physician performed a laparoscopy—without catheterization of the bladder, as he expected a quick procedure.
Due to the discovery of a large uterine fibroid, however, the surgery ultimately extended to more than 2 hours. While attempting to remove the fibroid, the surgeon dropped it deep into the peritoneal cavity, but retrieved it after several attempts.
The woman was sent home the same day, despite considerable pain, difficulty voiding, and significant drainage from the incision site. The following morning, however, her symptoms had intensified. The Ob/Gyn’s office thus instructed her to go to the emergency room.
Soon after presenting, she was admitted into surgery, where 2 bladder perforations were discovered. Physicians determined that, at the time of laparoscopy, the woman had a bladder infection. Thus, the perforations were leaking infected urine into the abdominal and peritoneal cavities. This caused peritonitis, sepsis, and wound infection that proved resistant to antibiotic therapy.
The woman ultimately developed necrotizing fasciitis and, despite several attempts at debridement, died 2 months after the initial laparoscopy.
In suing, the woman’s husband argued the physician was negligent for not catheterizing the patient prior to surgery. He claimed that the doctor did not notice the bladder was filling with urine during the extended surgery, thus changing the bladder’s position. Finally, he argued, the Ob/Gyn failed to notice the signs of bladder perforation and the leaking of infected urine in the recovery room.
The defendant maintained he was within the standard of care by not catheterizing the patient, and argued that necrotizing fasciitis is a rare condition that cannot be predicted.
- The case settled for $1.9 million.
Hospital unprepared for uterine rupture?
Having delivered her first child by cesarean and her second by vaginal birth after cesarean (VBAC), a 29-year-old woman entered a hospital for a trial of labor for her third child, at which time she received oxytocin.
The woman suffered a uterine rupture during labor. Her child, delivered by emergency cesarean, showed no signs of life at birth, with an Apgar score of 0 and a pH of 6.7. The child was revived, but suffers from cerebral palsy, mental retardation, and neurologic impairment.
The plaintiffs argued that the Ob/Gyn and nursing staff were negligent in not noting the signs of uterine rupture in a timely manner. They claimed that oxytocin was used improperly and that the hospital’s policies on how a VBAC patient on oxytocin should be monitored were insufficient.
They also alleged the nurses failed to notify the physician of changes in fetal monitoring strips and to make timely preparations for an emergency cesarean. Further, they claimed inadequate equipment and personnel were available to respond to the emergency.
- The jury awarded the plaintiffs $9.7 million.
Having delivered her first child by cesarean and her second by vaginal birth after cesarean (VBAC), a 29-year-old woman entered a hospital for a trial of labor for her third child, at which time she received oxytocin.
The woman suffered a uterine rupture during labor. Her child, delivered by emergency cesarean, showed no signs of life at birth, with an Apgar score of 0 and a pH of 6.7. The child was revived, but suffers from cerebral palsy, mental retardation, and neurologic impairment.
The plaintiffs argued that the Ob/Gyn and nursing staff were negligent in not noting the signs of uterine rupture in a timely manner. They claimed that oxytocin was used improperly and that the hospital’s policies on how a VBAC patient on oxytocin should be monitored were insufficient.
They also alleged the nurses failed to notify the physician of changes in fetal monitoring strips and to make timely preparations for an emergency cesarean. Further, they claimed inadequate equipment and personnel were available to respond to the emergency.
- The jury awarded the plaintiffs $9.7 million.
Having delivered her first child by cesarean and her second by vaginal birth after cesarean (VBAC), a 29-year-old woman entered a hospital for a trial of labor for her third child, at which time she received oxytocin.
The woman suffered a uterine rupture during labor. Her child, delivered by emergency cesarean, showed no signs of life at birth, with an Apgar score of 0 and a pH of 6.7. The child was revived, but suffers from cerebral palsy, mental retardation, and neurologic impairment.
The plaintiffs argued that the Ob/Gyn and nursing staff were negligent in not noting the signs of uterine rupture in a timely manner. They claimed that oxytocin was used improperly and that the hospital’s policies on how a VBAC patient on oxytocin should be monitored were insufficient.
They also alleged the nurses failed to notify the physician of changes in fetal monitoring strips and to make timely preparations for an emergency cesarean. Further, they claimed inadequate equipment and personnel were available to respond to the emergency.
- The jury awarded the plaintiffs $9.7 million.
Was fundal pressure ordered for dystocia?
During vaginal delivery on a 32-year-old woman, shoulder dystocia was encountered. The child was born with Erb’s palsy.
The mother claimed the Ob/Gyn ordered a nurse to apply fundal pressure, which is contraindicated with dystocia.
The physician argued that she twice applied necessary and appropriate gentle downward pressure to dislodge the shoulder.
- The jury awarded the plaintiff $3.2 million.
During vaginal delivery on a 32-year-old woman, shoulder dystocia was encountered. The child was born with Erb’s palsy.
The mother claimed the Ob/Gyn ordered a nurse to apply fundal pressure, which is contraindicated with dystocia.
The physician argued that she twice applied necessary and appropriate gentle downward pressure to dislodge the shoulder.
- The jury awarded the plaintiff $3.2 million.
During vaginal delivery on a 32-year-old woman, shoulder dystocia was encountered. The child was born with Erb’s palsy.
The mother claimed the Ob/Gyn ordered a nurse to apply fundal pressure, which is contraindicated with dystocia.
The physician argued that she twice applied necessary and appropriate gentle downward pressure to dislodge the shoulder.
- The jury awarded the plaintiff $3.2 million.
Missed bowel injury follows laparoscopy
A 40-year-old woman with focal endometriosis underwent laparoscopy with biopsy of the cul de sac and left ovary, laser endometrial ablation, and left paratubal cyst resection.
Several hours after being discharged that same day, the woman presented to the emergency room with severe abdominal pain, nausea, and vomiting. She displayed no respiratory problems and her abdomen was soft. She was admitted for intravenous pain control and released the following day.
The woman returned the next day, noting a worsening of her pain, nausea, and vomiting. Her abdomen was now significantly distended, which led to reduced respiratory effort. Suspecting mild postoperative ileus and possible early pancreatitis and hyponatremia, the attending Ob/Gyn called in a general surgeon.
Upon opening the abdominal cavity at laparotomy, the surgeon observed an outpouring of gas and noted a few thousand milliliters of brown, foul-smelling liquid. He discovered a perforation of the ileum. An ileostomy was placed during the procedure.
Following initiation of intravenous feeding, the woman suffered sepsis and acute respiratory distress syndrome. She became desaturated and was intubated for the next 2 days. She suffered wound infection at the ileostomy site, acquired nosocomial pneumonia following extubation, and developed multicentric hernias requiring surgical mesh implantation. She was hospitalized for 1 month.
The woman claimed her Ob/Gyn was negligent in perforating the ileum, as well as in failing to recognize the injury and treat the bacterial peritonitis in a timely manner.
The defense argued no indications of bowel perforation and peritonitis were present, and noted that postoperative x-rays were consistent with ileus, a more common complication.
- The jury returned a defense verdict.
A 40-year-old woman with focal endometriosis underwent laparoscopy with biopsy of the cul de sac and left ovary, laser endometrial ablation, and left paratubal cyst resection.
Several hours after being discharged that same day, the woman presented to the emergency room with severe abdominal pain, nausea, and vomiting. She displayed no respiratory problems and her abdomen was soft. She was admitted for intravenous pain control and released the following day.
The woman returned the next day, noting a worsening of her pain, nausea, and vomiting. Her abdomen was now significantly distended, which led to reduced respiratory effort. Suspecting mild postoperative ileus and possible early pancreatitis and hyponatremia, the attending Ob/Gyn called in a general surgeon.
Upon opening the abdominal cavity at laparotomy, the surgeon observed an outpouring of gas and noted a few thousand milliliters of brown, foul-smelling liquid. He discovered a perforation of the ileum. An ileostomy was placed during the procedure.
Following initiation of intravenous feeding, the woman suffered sepsis and acute respiratory distress syndrome. She became desaturated and was intubated for the next 2 days. She suffered wound infection at the ileostomy site, acquired nosocomial pneumonia following extubation, and developed multicentric hernias requiring surgical mesh implantation. She was hospitalized for 1 month.
The woman claimed her Ob/Gyn was negligent in perforating the ileum, as well as in failing to recognize the injury and treat the bacterial peritonitis in a timely manner.
The defense argued no indications of bowel perforation and peritonitis were present, and noted that postoperative x-rays were consistent with ileus, a more common complication.
- The jury returned a defense verdict.
A 40-year-old woman with focal endometriosis underwent laparoscopy with biopsy of the cul de sac and left ovary, laser endometrial ablation, and left paratubal cyst resection.
Several hours after being discharged that same day, the woman presented to the emergency room with severe abdominal pain, nausea, and vomiting. She displayed no respiratory problems and her abdomen was soft. She was admitted for intravenous pain control and released the following day.
The woman returned the next day, noting a worsening of her pain, nausea, and vomiting. Her abdomen was now significantly distended, which led to reduced respiratory effort. Suspecting mild postoperative ileus and possible early pancreatitis and hyponatremia, the attending Ob/Gyn called in a general surgeon.
Upon opening the abdominal cavity at laparotomy, the surgeon observed an outpouring of gas and noted a few thousand milliliters of brown, foul-smelling liquid. He discovered a perforation of the ileum. An ileostomy was placed during the procedure.
Following initiation of intravenous feeding, the woman suffered sepsis and acute respiratory distress syndrome. She became desaturated and was intubated for the next 2 days. She suffered wound infection at the ileostomy site, acquired nosocomial pneumonia following extubation, and developed multicentric hernias requiring surgical mesh implantation. She was hospitalized for 1 month.
The woman claimed her Ob/Gyn was negligent in perforating the ileum, as well as in failing to recognize the injury and treat the bacterial peritonitis in a timely manner.
The defense argued no indications of bowel perforation and peritonitis were present, and noted that postoperative x-rays were consistent with ileus, a more common complication.
- The jury returned a defense verdict.
Ovarian mass: Was follow-up insufficient?
<court>Essex County (NJ) Superior Court</court>
During an ultrasound examination, a perinatologist discovered a large mass on the left ovary of a 37-year-old gravida.
This physician consulted with the woman’s Ob/Gyn, but neither suggested the patient have the mass removed or informed her that it might be cancerous. The postpartum Ob/Gyn, meanwhile, failed to monitor the growth following the birth of the woman’s child.
When the woman was diagnosed with ovarian cancer the next year, advanced stage disease was present. She died the following year.
- The perinatologist and postpartum Ob/Gyn settled for an undisclosed sum. The jury awarded the plaintiff $1.2 million, and the original Ob/Gyn was found 45% at fault.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn (www.verdictslaska.com). While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Essex County (NJ) Superior Court</court>
During an ultrasound examination, a perinatologist discovered a large mass on the left ovary of a 37-year-old gravida.
This physician consulted with the woman’s Ob/Gyn, but neither suggested the patient have the mass removed or informed her that it might be cancerous. The postpartum Ob/Gyn, meanwhile, failed to monitor the growth following the birth of the woman’s child.
When the woman was diagnosed with ovarian cancer the next year, advanced stage disease was present. She died the following year.
- The perinatologist and postpartum Ob/Gyn settled for an undisclosed sum. The jury awarded the plaintiff $1.2 million, and the original Ob/Gyn was found 45% at fault.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn (www.verdictslaska.com). While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Essex County (NJ) Superior Court</court>
During an ultrasound examination, a perinatologist discovered a large mass on the left ovary of a 37-year-old gravida.
This physician consulted with the woman’s Ob/Gyn, but neither suggested the patient have the mass removed or informed her that it might be cancerous. The postpartum Ob/Gyn, meanwhile, failed to monitor the growth following the birth of the woman’s child.
When the woman was diagnosed with ovarian cancer the next year, advanced stage disease was present. She died the following year.
- The perinatologist and postpartum Ob/Gyn settled for an undisclosed sum. The jury awarded the plaintiff $1.2 million, and the original Ob/Gyn was found 45% at fault.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn (www.verdictslaska.com). While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Mother dies following cesarean for fetal demise
Complaining of decreased fetal movement and cramping, a 36-year-old gravida with a prior cesarean presented to a hospital with a fever. A sonogram revealed fetal demise. Labor induction was scheduled for 5 days later, and the patient was sent home.
Two days later, the woman returned to the hospital with pain and bleeding, but was sent home and instructed to return for the scheduled induction. That same night, however, she once again presented, demanding the fetus be delivered. Blood tests revealed a white blood cell count of 9,900 with 88.7% neutrophils.
The physician attempted to deliver the child vaginally, but the mother insisted on a cesarean section. When the fetus was delivered by cesarean the following morning, placenta previa and placenta accreta were discovered.
Postoperatively, the woman suffered heavy vaginal bleeding. Despite the administration of packed red blood cells, she was later found in septic shock. She died that night. Autopsy revealed placental remains in the uterus.
In suing, the woman’s family alleged that the physician was negligent in not initiating cesarean delivery sooner. Had the fetus been delivered 2 days earlier, they claimed, the mother would have survived.
The defendant physician argued that the patient died not of sepsis, but of bleeding due to the placenta accreta—a condition the doctor was powerless to treat. She maintained that the scheduled delivery date was appropriate given the woman’s symptoms.
- The jury awarded the plaintiff $4 million
Complaining of decreased fetal movement and cramping, a 36-year-old gravida with a prior cesarean presented to a hospital with a fever. A sonogram revealed fetal demise. Labor induction was scheduled for 5 days later, and the patient was sent home.
Two days later, the woman returned to the hospital with pain and bleeding, but was sent home and instructed to return for the scheduled induction. That same night, however, she once again presented, demanding the fetus be delivered. Blood tests revealed a white blood cell count of 9,900 with 88.7% neutrophils.
The physician attempted to deliver the child vaginally, but the mother insisted on a cesarean section. When the fetus was delivered by cesarean the following morning, placenta previa and placenta accreta were discovered.
Postoperatively, the woman suffered heavy vaginal bleeding. Despite the administration of packed red blood cells, she was later found in septic shock. She died that night. Autopsy revealed placental remains in the uterus.
In suing, the woman’s family alleged that the physician was negligent in not initiating cesarean delivery sooner. Had the fetus been delivered 2 days earlier, they claimed, the mother would have survived.
The defendant physician argued that the patient died not of sepsis, but of bleeding due to the placenta accreta—a condition the doctor was powerless to treat. She maintained that the scheduled delivery date was appropriate given the woman’s symptoms.
- The jury awarded the plaintiff $4 million
Complaining of decreased fetal movement and cramping, a 36-year-old gravida with a prior cesarean presented to a hospital with a fever. A sonogram revealed fetal demise. Labor induction was scheduled for 5 days later, and the patient was sent home.
Two days later, the woman returned to the hospital with pain and bleeding, but was sent home and instructed to return for the scheduled induction. That same night, however, she once again presented, demanding the fetus be delivered. Blood tests revealed a white blood cell count of 9,900 with 88.7% neutrophils.
The physician attempted to deliver the child vaginally, but the mother insisted on a cesarean section. When the fetus was delivered by cesarean the following morning, placenta previa and placenta accreta were discovered.
Postoperatively, the woman suffered heavy vaginal bleeding. Despite the administration of packed red blood cells, she was later found in septic shock. She died that night. Autopsy revealed placental remains in the uterus.
In suing, the woman’s family alleged that the physician was negligent in not initiating cesarean delivery sooner. Had the fetus been delivered 2 days earlier, they claimed, the mother would have survived.
The defendant physician argued that the patient died not of sepsis, but of bleeding due to the placenta accreta—a condition the doctor was powerless to treat. She maintained that the scheduled delivery date was appropriate given the woman’s symptoms.
- The jury awarded the plaintiff $4 million
Silver-Russell dwarfism follows undetected pregnancy
A 44-year-old woman with a deformed uterus (due to diethylstilbestrol exposure in utero) presented to a medical center for hormone replacement therapy. At that time she was told pregnancy was impossible, and that she did not need contraceptives.
During a scheduled exam, symptoms typical of pregnancy were noted, but attributed to menopause. The nurse practitioner conducting the pelvic exam did not palpate the woman’s enlarged uterus.
Approximately a month and a half later, a computed tomography scan was performed to rule out an abdominal tumor. At that time it was discovered that the patient was 6 and a half months pregnant.
The woman delivered a baby girl with Silver-Russell dwarfism, which will require a multiple surgeries, hormone treatments, and physical therapy.
The patient claimed the defendants were negligent in failing to diagnose her pregnancy in a timely manner, eliminating her option to terminate the pregnancy if desired. Further, she maintained that the child’s condition stemmed from prenatal exposure to hormone replacement therapy, computed tomography, and prescription drugs.
The defendants denied the patients claims.
- The case settled for $1.7 million.
A 44-year-old woman with a deformed uterus (due to diethylstilbestrol exposure in utero) presented to a medical center for hormone replacement therapy. At that time she was told pregnancy was impossible, and that she did not need contraceptives.
During a scheduled exam, symptoms typical of pregnancy were noted, but attributed to menopause. The nurse practitioner conducting the pelvic exam did not palpate the woman’s enlarged uterus.
Approximately a month and a half later, a computed tomography scan was performed to rule out an abdominal tumor. At that time it was discovered that the patient was 6 and a half months pregnant.
The woman delivered a baby girl with Silver-Russell dwarfism, which will require a multiple surgeries, hormone treatments, and physical therapy.
The patient claimed the defendants were negligent in failing to diagnose her pregnancy in a timely manner, eliminating her option to terminate the pregnancy if desired. Further, she maintained that the child’s condition stemmed from prenatal exposure to hormone replacement therapy, computed tomography, and prescription drugs.
The defendants denied the patients claims.
- The case settled for $1.7 million.
A 44-year-old woman with a deformed uterus (due to diethylstilbestrol exposure in utero) presented to a medical center for hormone replacement therapy. At that time she was told pregnancy was impossible, and that she did not need contraceptives.
During a scheduled exam, symptoms typical of pregnancy were noted, but attributed to menopause. The nurse practitioner conducting the pelvic exam did not palpate the woman’s enlarged uterus.
Approximately a month and a half later, a computed tomography scan was performed to rule out an abdominal tumor. At that time it was discovered that the patient was 6 and a half months pregnant.
The woman delivered a baby girl with Silver-Russell dwarfism, which will require a multiple surgeries, hormone treatments, and physical therapy.
The patient claimed the defendants were negligent in failing to diagnose her pregnancy in a timely manner, eliminating her option to terminate the pregnancy if desired. Further, she maintained that the child’s condition stemmed from prenatal exposure to hormone replacement therapy, computed tomography, and prescription drugs.
The defendants denied the patients claims.
- The case settled for $1.7 million.
Patient not told of irregular mammography
<court>Undisclosed County (Minn)</court>
During a routine mammogram, a suspicious mass was noted, prompting the patient to undergo a biopsy. No cancer was detected. Following 2 postoperative visits, the woman was told to return a year later.
At mammography the following year, residual density was noted at the biopsy site. A follow-up mammogram was recommended, but though the physician examined the patient the following week, another mammogram was not conducted for 5 months. At that time the woman noted itching, thickening, and slight indentation of the breast.
The study revealed a 3-cm lesion, and surgical removal was recommended. However, the physician never told the patient of the irregularity, instead advising her to return in 6 months.
Five months later, the patient had moved from Minnesota to Nevada, where a new physician noted a breast mass on palpation and ordered a biopsy. The diagnosis was poorly differentiated Stage II ductal carcinoma. She underwent chemotherapy and radiation treatment, and at the time of the trial was disease free.
In suing, the woman alleged that had the defendant physician diagnosed her cancer in a timely fashion, she could have avoided radiation therapy and would have had a higher chance of cure.
- The jury awarded the patient $640,000.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn. (www.verdictslaska.com) While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Undisclosed County (Minn)</court>
During a routine mammogram, a suspicious mass was noted, prompting the patient to undergo a biopsy. No cancer was detected. Following 2 postoperative visits, the woman was told to return a year later.
At mammography the following year, residual density was noted at the biopsy site. A follow-up mammogram was recommended, but though the physician examined the patient the following week, another mammogram was not conducted for 5 months. At that time the woman noted itching, thickening, and slight indentation of the breast.
The study revealed a 3-cm lesion, and surgical removal was recommended. However, the physician never told the patient of the irregularity, instead advising her to return in 6 months.
Five months later, the patient had moved from Minnesota to Nevada, where a new physician noted a breast mass on palpation and ordered a biopsy. The diagnosis was poorly differentiated Stage II ductal carcinoma. She underwent chemotherapy and radiation treatment, and at the time of the trial was disease free.
In suing, the woman alleged that had the defendant physician diagnosed her cancer in a timely fashion, she could have avoided radiation therapy and would have had a higher chance of cure.
- The jury awarded the patient $640,000.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn. (www.verdictslaska.com) While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Undisclosed County (Minn)</court>
During a routine mammogram, a suspicious mass was noted, prompting the patient to undergo a biopsy. No cancer was detected. Following 2 postoperative visits, the woman was told to return a year later.
At mammography the following year, residual density was noted at the biopsy site. A follow-up mammogram was recommended, but though the physician examined the patient the following week, another mammogram was not conducted for 5 months. At that time the woman noted itching, thickening, and slight indentation of the breast.
The study revealed a 3-cm lesion, and surgical removal was recommended. However, the physician never told the patient of the irregularity, instead advising her to return in 6 months.
Five months later, the patient had moved from Minnesota to Nevada, where a new physician noted a breast mass on palpation and ordered a biopsy. The diagnosis was poorly differentiated Stage II ductal carcinoma. She underwent chemotherapy and radiation treatment, and at the time of the trial was disease free.
In suing, the woman alleged that had the defendant physician diagnosed her cancer in a timely fashion, she could have avoided radiation therapy and would have had a higher chance of cure.
- The jury awarded the patient $640,000.
The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn. (www.verdictslaska.com) While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Bleeding, death follow D&C
Although begun on local anesthesia, a 49-year-old woman with a history of diabetes was switched to general anesthesia in the course of a dilatation and curettage (D&C).
Profuse hemorrhaging occurred during the procedure, causing reduced blood flow to the brain. Though resuscitated at that time, the woman died the following month due to irreversible brain damage.
In suing, her husband noted that the woman’s diabetes placed her at increased risk for blood loss. Further, he noted, blood tests taken 2 days prior to surgery revealed low hematocrit and hemoglobin levels. Together, these factors should have alerted medical staff to the possibility of intraoperative hemorrhage, prompting them to better prepare for such an event.
The defendants noted that bleeding can occur independent of negligence, and maintained that proper care was given.
- The defendant physicians settled for $1.2 million. The defendant hospital settled for an undisclosed sum.
Although begun on local anesthesia, a 49-year-old woman with a history of diabetes was switched to general anesthesia in the course of a dilatation and curettage (D&C).
Profuse hemorrhaging occurred during the procedure, causing reduced blood flow to the brain. Though resuscitated at that time, the woman died the following month due to irreversible brain damage.
In suing, her husband noted that the woman’s diabetes placed her at increased risk for blood loss. Further, he noted, blood tests taken 2 days prior to surgery revealed low hematocrit and hemoglobin levels. Together, these factors should have alerted medical staff to the possibility of intraoperative hemorrhage, prompting them to better prepare for such an event.
The defendants noted that bleeding can occur independent of negligence, and maintained that proper care was given.
- The defendant physicians settled for $1.2 million. The defendant hospital settled for an undisclosed sum.
Although begun on local anesthesia, a 49-year-old woman with a history of diabetes was switched to general anesthesia in the course of a dilatation and curettage (D&C).
Profuse hemorrhaging occurred during the procedure, causing reduced blood flow to the brain. Though resuscitated at that time, the woman died the following month due to irreversible brain damage.
In suing, her husband noted that the woman’s diabetes placed her at increased risk for blood loss. Further, he noted, blood tests taken 2 days prior to surgery revealed low hematocrit and hemoglobin levels. Together, these factors should have alerted medical staff to the possibility of intraoperative hemorrhage, prompting them to better prepare for such an event.
The defendants noted that bleeding can occur independent of negligence, and maintained that proper care was given.
- The defendant physicians settled for $1.2 million. The defendant hospital settled for an undisclosed sum.