User login
Failed D&C follows missed abortion
A 20-year-old woman presented to a hospital after suffering a missed abortion.
A resident, supervised by an Ob/Gyn, attempted to perform a dilation and curettage (D&C) procedure, but was unsuccessful in removing the fetus. Ten days later, the fetus was expelled from the patient’s body while she was at home. She subsequently underwent a second D&C.
In suing, the woman claimed she never consented to have a resident conduct the D&C. She also argued that the procedure was negligently performed.
The doctors maintained that the patient was told a resident would be involved. They further noted that not being able to remove the fetus is a known risk of the D&C procedure.
- The jury returned a defense verdict.
A 20-year-old woman presented to a hospital after suffering a missed abortion.
A resident, supervised by an Ob/Gyn, attempted to perform a dilation and curettage (D&C) procedure, but was unsuccessful in removing the fetus. Ten days later, the fetus was expelled from the patient’s body while she was at home. She subsequently underwent a second D&C.
In suing, the woman claimed she never consented to have a resident conduct the D&C. She also argued that the procedure was negligently performed.
The doctors maintained that the patient was told a resident would be involved. They further noted that not being able to remove the fetus is a known risk of the D&C procedure.
- The jury returned a defense verdict.
A 20-year-old woman presented to a hospital after suffering a missed abortion.
A resident, supervised by an Ob/Gyn, attempted to perform a dilation and curettage (D&C) procedure, but was unsuccessful in removing the fetus. Ten days later, the fetus was expelled from the patient’s body while she was at home. She subsequently underwent a second D&C.
In suing, the woman claimed she never consented to have a resident conduct the D&C. She also argued that the procedure was negligently performed.
The doctors maintained that the patient was told a resident would be involved. They further noted that not being able to remove the fetus is a known risk of the D&C procedure.
- The jury returned a defense verdict.
Did antifungal medication cause subdural hematoma?
With complaints of vaginal itching and burning, an 80-year-old woman taking anticoagulant medication presented to a gynecologist. Her doctor prescribed 2 weeks of an antifungal topical cream.
Following treatment the woman returned, again complaining of vaginal itching and burning. The physician’s partner ordered a single 150-mg oral dose of an antifungal medication (fluconazole).
Five days later, the woman again presented to her original physician. She noted that when she went to fill the prescription, she complained of headaches to the pharmacist, who suggested she have her clotting time checked.
Examination revealed that her clotting time was indeed abnormally high, and a subsequent computed tomography scan showed bleeding around the brain. She later suffered a subdural hematoma and seizure disorder, requiring her to spend 1 month in a rehabilitation facility. She died 2 years later of unrelated causes.
The woman’s estate sued, claiming the physicians acted negligently in ordering antifungal medication for a patient taking an anticoagulant.
The doctors argued that the antifungal medication did not cause the woman’s high clotting times. Further, they noted that she had missed her last 4 monthly clotting-level checks.
- The jury returned a defense verdict.
With complaints of vaginal itching and burning, an 80-year-old woman taking anticoagulant medication presented to a gynecologist. Her doctor prescribed 2 weeks of an antifungal topical cream.
Following treatment the woman returned, again complaining of vaginal itching and burning. The physician’s partner ordered a single 150-mg oral dose of an antifungal medication (fluconazole).
Five days later, the woman again presented to her original physician. She noted that when she went to fill the prescription, she complained of headaches to the pharmacist, who suggested she have her clotting time checked.
Examination revealed that her clotting time was indeed abnormally high, and a subsequent computed tomography scan showed bleeding around the brain. She later suffered a subdural hematoma and seizure disorder, requiring her to spend 1 month in a rehabilitation facility. She died 2 years later of unrelated causes.
The woman’s estate sued, claiming the physicians acted negligently in ordering antifungal medication for a patient taking an anticoagulant.
The doctors argued that the antifungal medication did not cause the woman’s high clotting times. Further, they noted that she had missed her last 4 monthly clotting-level checks.
- The jury returned a defense verdict.
With complaints of vaginal itching and burning, an 80-year-old woman taking anticoagulant medication presented to a gynecologist. Her doctor prescribed 2 weeks of an antifungal topical cream.
Following treatment the woman returned, again complaining of vaginal itching and burning. The physician’s partner ordered a single 150-mg oral dose of an antifungal medication (fluconazole).
Five days later, the woman again presented to her original physician. She noted that when she went to fill the prescription, she complained of headaches to the pharmacist, who suggested she have her clotting time checked.
Examination revealed that her clotting time was indeed abnormally high, and a subsequent computed tomography scan showed bleeding around the brain. She later suffered a subdural hematoma and seizure disorder, requiring her to spend 1 month in a rehabilitation facility. She died 2 years later of unrelated causes.
The woman’s estate sued, claiming the physicians acted negligently in ordering antifungal medication for a patient taking an anticoagulant.
The doctors argued that the antifungal medication did not cause the woman’s high clotting times. Further, they noted that she had missed her last 4 monthly clotting-level checks.
- The jury returned a defense verdict.
Failure to place cerclage blamed for brain damage
Due to an incompetent cervix, a woman gave birth at 25 weeks’ gestation to a baby girl. The child suffered severe brain damage as a result of her prematurity.
In suing, the mother claimed that the Ob/Gyn failed to recommend cervical cerclage despite the fact that the woman had a prior fetal loss due to an incompetent cervix, as well as a previous successful pregnancy with the placement of a prophylactic cerclage. The woman maintained that her child’s injuries would have been avoided had a cerclage been utilized.
The Ob/Gyn contended that the patient’s medical history as described was not consistent with an incompetent cervix. The physician maintained that treatment as provided fell within the standard of care.
- The case settled for $2.6 million.
Due to an incompetent cervix, a woman gave birth at 25 weeks’ gestation to a baby girl. The child suffered severe brain damage as a result of her prematurity.
In suing, the mother claimed that the Ob/Gyn failed to recommend cervical cerclage despite the fact that the woman had a prior fetal loss due to an incompetent cervix, as well as a previous successful pregnancy with the placement of a prophylactic cerclage. The woman maintained that her child’s injuries would have been avoided had a cerclage been utilized.
The Ob/Gyn contended that the patient’s medical history as described was not consistent with an incompetent cervix. The physician maintained that treatment as provided fell within the standard of care.
- The case settled for $2.6 million.
Due to an incompetent cervix, a woman gave birth at 25 weeks’ gestation to a baby girl. The child suffered severe brain damage as a result of her prematurity.
In suing, the mother claimed that the Ob/Gyn failed to recommend cervical cerclage despite the fact that the woman had a prior fetal loss due to an incompetent cervix, as well as a previous successful pregnancy with the placement of a prophylactic cerclage. The woman maintained that her child’s injuries would have been avoided had a cerclage been utilized.
The Ob/Gyn contended that the patient’s medical history as described was not consistent with an incompetent cervix. The physician maintained that treatment as provided fell within the standard of care.
- The case settled for $2.6 million.
Did failure to note ureter transection lead to kidney loss?
<court>Undisclosed County (Calif) Superior Court</court>
A 70-year-old woman presented to a hospital for laparoscopic removal of left and right adnexal masses. Noting dense adhesions, however, the surgeon opted to perform an open procedure.
Postoperatively, a pathologist informed the physician that the patient’s right ureter was transected. After an intravenous pyelogram, several attempts were made to repair the ureter; all were unsuccessful. The patient ultimately underwent a right radical nephrectomy.
In suing, the woman claimed that the surgeon had negligently clamped and transected the ureter, then failed to notice the injury intraoperatively. She claimed that the kidney removal could have been avoided had the doctor noted the transection in a timely fashion.
The doctor argued that ureteral transection is a risk of the procedure. She further maintained that removal of the patient’s right kidney would have been required even if the injury had been discovered intraoperatively.
- Following a 2-day arbitration, the plaintiff was awarded $233,533 plus $17,943 in enhanced costs.
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>Undisclosed County (Calif) Superior Court</court>
A 70-year-old woman presented to a hospital for laparoscopic removal of left and right adnexal masses. Noting dense adhesions, however, the surgeon opted to perform an open procedure.
Postoperatively, a pathologist informed the physician that the patient’s right ureter was transected. After an intravenous pyelogram, several attempts were made to repair the ureter; all were unsuccessful. The patient ultimately underwent a right radical nephrectomy.
In suing, the woman claimed that the surgeon had negligently clamped and transected the ureter, then failed to notice the injury intraoperatively. She claimed that the kidney removal could have been avoided had the doctor noted the transection in a timely fashion.
The doctor argued that ureteral transection is a risk of the procedure. She further maintained that removal of the patient’s right kidney would have been required even if the injury had been discovered intraoperatively.
- Following a 2-day arbitration, the plaintiff was awarded $233,533 plus $17,943 in enhanced costs.
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>Undisclosed County (Calif) Superior Court</court>
A 70-year-old woman presented to a hospital for laparoscopic removal of left and right adnexal masses. Noting dense adhesions, however, the surgeon opted to perform an open procedure.
Postoperatively, a pathologist informed the physician that the patient’s right ureter was transected. After an intravenous pyelogram, several attempts were made to repair the ureter; all were unsuccessful. The patient ultimately underwent a right radical nephrectomy.
In suing, the woman claimed that the surgeon had negligently clamped and transected the ureter, then failed to notice the injury intraoperatively. She claimed that the kidney removal could have been avoided had the doctor noted the transection in a timely fashion.
The doctor argued that ureteral transection is a risk of the procedure. She further maintained that removal of the patient’s right kidney would have been required even if the injury had been discovered intraoperatively.
- Following a 2-day arbitration, the plaintiff was awarded $233,533 plus $17,943 in enhanced costs.
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.
Athetoid quadriplegia, deafness follow bloody discharge in newborn
Six hours after the birth of a seemingly healthy baby girl, hospital nurses discovered blood in the infant’s diaper. The child’s next several diapers also exhibited bloody discharge.
A nurse informed the parents that the baby was experiencing pseudomenses because of hormone withdrawal, and assured them that the problem would resolve itself within 24 to 48 hours.
Eighteen hours later, after another bloody diaper was discovered, a pediatrician was finally called. The physician ordered several lab tests. Results revealed a total bilirubin of 40.
The child was diagnosed with hemolytic hyperbilirubinemia and transferred to a tertiary neonatal center where she underwent several blood transfusions. She now suffers from spastic athetoid quadriplegia with profound deafness.
In suing, the child argued that had a bilirubin test been performed immediately, a timely diagnosis would have been made.
The nurses contended that only small blood spots were present on the diaper, which is common in newborn females and typical of pseudomenses. Further, the hospital maintained that earlier diagnosis would not have prevented the child’s injuries.
- The case settled for $5.5 million.
Six hours after the birth of a seemingly healthy baby girl, hospital nurses discovered blood in the infant’s diaper. The child’s next several diapers also exhibited bloody discharge.
A nurse informed the parents that the baby was experiencing pseudomenses because of hormone withdrawal, and assured them that the problem would resolve itself within 24 to 48 hours.
Eighteen hours later, after another bloody diaper was discovered, a pediatrician was finally called. The physician ordered several lab tests. Results revealed a total bilirubin of 40.
The child was diagnosed with hemolytic hyperbilirubinemia and transferred to a tertiary neonatal center where she underwent several blood transfusions. She now suffers from spastic athetoid quadriplegia with profound deafness.
In suing, the child argued that had a bilirubin test been performed immediately, a timely diagnosis would have been made.
The nurses contended that only small blood spots were present on the diaper, which is common in newborn females and typical of pseudomenses. Further, the hospital maintained that earlier diagnosis would not have prevented the child’s injuries.
- The case settled for $5.5 million.
Six hours after the birth of a seemingly healthy baby girl, hospital nurses discovered blood in the infant’s diaper. The child’s next several diapers also exhibited bloody discharge.
A nurse informed the parents that the baby was experiencing pseudomenses because of hormone withdrawal, and assured them that the problem would resolve itself within 24 to 48 hours.
Eighteen hours later, after another bloody diaper was discovered, a pediatrician was finally called. The physician ordered several lab tests. Results revealed a total bilirubin of 40.
The child was diagnosed with hemolytic hyperbilirubinemia and transferred to a tertiary neonatal center where she underwent several blood transfusions. She now suffers from spastic athetoid quadriplegia with profound deafness.
In suing, the child argued that had a bilirubin test been performed immediately, a timely diagnosis would have been made.
The nurses contended that only small blood spots were present on the diaper, which is common in newborn females and typical of pseudomenses. Further, the hospital maintained that earlier diagnosis would not have prevented the child’s injuries.
- The case settled for $5.5 million.
Fetal death follows twin-to-twin transfusion
A gravida—37 years old, expecting twins, and with a history of preterm labor—was admitted to a hospital at 31 weeks’ gestation. A biophysical profile showed a score of 8/8 for one twin and 6/8 for the other, with absent end-diastolic flow.
The doctor ordered a repeat biophysical study for the following day. Prior to the test, however, one fetus developed a terminal bradycardia. An emergency delivery was performed, but the neonate died as a result of twin-to-twin transfusion syndrome. The other twin spent several weeks in the neonatal intensive care unit and survived with no complications.
In suing, the mother alleged that the doctor should have repeated the biophysical test sooner or placed the twins on electronic fetal monitoring. She maintained that better monitoring would have alerted the doctor to the twin’s failing condition and prompted delivery in time to save him.
The doctor contended that proper care was administered.
- The jury returned a defense verdict.
A gravida—37 years old, expecting twins, and with a history of preterm labor—was admitted to a hospital at 31 weeks’ gestation. A biophysical profile showed a score of 8/8 for one twin and 6/8 for the other, with absent end-diastolic flow.
The doctor ordered a repeat biophysical study for the following day. Prior to the test, however, one fetus developed a terminal bradycardia. An emergency delivery was performed, but the neonate died as a result of twin-to-twin transfusion syndrome. The other twin spent several weeks in the neonatal intensive care unit and survived with no complications.
In suing, the mother alleged that the doctor should have repeated the biophysical test sooner or placed the twins on electronic fetal monitoring. She maintained that better monitoring would have alerted the doctor to the twin’s failing condition and prompted delivery in time to save him.
The doctor contended that proper care was administered.
- The jury returned a defense verdict.
A gravida—37 years old, expecting twins, and with a history of preterm labor—was admitted to a hospital at 31 weeks’ gestation. A biophysical profile showed a score of 8/8 for one twin and 6/8 for the other, with absent end-diastolic flow.
The doctor ordered a repeat biophysical study for the following day. Prior to the test, however, one fetus developed a terminal bradycardia. An emergency delivery was performed, but the neonate died as a result of twin-to-twin transfusion syndrome. The other twin spent several weeks in the neonatal intensive care unit and survived with no complications.
In suing, the mother alleged that the doctor should have repeated the biophysical test sooner or placed the twins on electronic fetal monitoring. She maintained that better monitoring would have alerted the doctor to the twin’s failing condition and prompted delivery in time to save him.
The doctor contended that proper care was administered.
- The jury returned a defense verdict.
Blind amniocentesis leads to 19 punctures, fetal demise
A 21-year-old gravida unsure of her due date underwent an ultrasound examination, which revealed that she was between 36 and 37 weeks’ gestation. The following day, the woman went into labor.
The doctor ordered an amniocentesis to confirm fetal lung maturity. He twice attempted to conduct a blind amniocentesis, but both times failed to obtain amniotic fluid. On the third try he pulled blood-tinged amniotic fluid.
Within the hour, monitoring revealed fetal distress. An emergency cesarean was performed, but the child died 36 hours after birth. An autopsy revealed that the baby’s brain was punctured 19 times by the amniocentesis needle.
The parents sued, claiming that during the first 2 amniocentesis attempts the doctor “fished” around in the mother’s belly for the amniotic fluid pocket. They argued that attempting a blind amniocentesis when ultrasound was available was below the standard of care.
- The parties settled before trial for a confidential sum.
A 21-year-old gravida unsure of her due date underwent an ultrasound examination, which revealed that she was between 36 and 37 weeks’ gestation. The following day, the woman went into labor.
The doctor ordered an amniocentesis to confirm fetal lung maturity. He twice attempted to conduct a blind amniocentesis, but both times failed to obtain amniotic fluid. On the third try he pulled blood-tinged amniotic fluid.
Within the hour, monitoring revealed fetal distress. An emergency cesarean was performed, but the child died 36 hours after birth. An autopsy revealed that the baby’s brain was punctured 19 times by the amniocentesis needle.
The parents sued, claiming that during the first 2 amniocentesis attempts the doctor “fished” around in the mother’s belly for the amniotic fluid pocket. They argued that attempting a blind amniocentesis when ultrasound was available was below the standard of care.
- The parties settled before trial for a confidential sum.
A 21-year-old gravida unsure of her due date underwent an ultrasound examination, which revealed that she was between 36 and 37 weeks’ gestation. The following day, the woman went into labor.
The doctor ordered an amniocentesis to confirm fetal lung maturity. He twice attempted to conduct a blind amniocentesis, but both times failed to obtain amniotic fluid. On the third try he pulled blood-tinged amniotic fluid.
Within the hour, monitoring revealed fetal distress. An emergency cesarean was performed, but the child died 36 hours after birth. An autopsy revealed that the baby’s brain was punctured 19 times by the amniocentesis needle.
The parents sued, claiming that during the first 2 amniocentesis attempts the doctor “fished” around in the mother’s belly for the amniotic fluid pocket. They argued that attempting a blind amniocentesis when ultrasound was available was below the standard of care.
- The parties settled before trial for a confidential sum.
Was terminal breast cancer a result of late diagnosis?
<court>Cuyahoga County (Ohio) Court of Common Pleas</court>
From 1996 to 1998, a 62-year-old woman had 3 mammograms—all of which were read as normal. In 2000, she was diagnosed with intraductal carcinoma stage IIB of the right breast.
The patient underwent extensive chemotherapy and, at the time of trial, her life expectancy was reported to be several weeks to months.
In suing, the woman claimed that there were several suspicious calcifications on her mammogram from 1998 that should have prompted the doctor to order further studies or a biopsy.
The doctor contended that his interpretation was accurate and well within the standard of care. In addition, he argued that an earlier diagnosis would not have changed the patient’s outcome.
- The jury returned a defense verdict.
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>Cuyahoga County (Ohio) Court of Common Pleas</court>
From 1996 to 1998, a 62-year-old woman had 3 mammograms—all of which were read as normal. In 2000, she was diagnosed with intraductal carcinoma stage IIB of the right breast.
The patient underwent extensive chemotherapy and, at the time of trial, her life expectancy was reported to be several weeks to months.
In suing, the woman claimed that there were several suspicious calcifications on her mammogram from 1998 that should have prompted the doctor to order further studies or a biopsy.
The doctor contended that his interpretation was accurate and well within the standard of care. In addition, he argued that an earlier diagnosis would not have changed the patient’s outcome.
- The jury returned a defense verdict.
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>Cuyahoga County (Ohio) Court of Common Pleas</court>
From 1996 to 1998, a 62-year-old woman had 3 mammograms—all of which were read as normal. In 2000, she was diagnosed with intraductal carcinoma stage IIB of the right breast.
The patient underwent extensive chemotherapy and, at the time of trial, her life expectancy was reported to be several weeks to months.
In suing, the woman claimed that there were several suspicious calcifications on her mammogram from 1998 that should have prompted the doctor to order further studies or a biopsy.
The doctor contended that his interpretation was accurate and well within the standard of care. In addition, he argued that an earlier diagnosis would not have changed the patient’s outcome.
- The jury returned a defense verdict.
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 hysterectomy needed for borderline ovarian tumor?
Following a sonogram that revealed asymptomatic bilateral ovarian cysts, a 39-year-old woman underwent a left ovarian cystectomy.
When the pathologist reported a borderline ovarian tumor, her physician performed a total abdominal hysterectomy and bilateral salpingo-oophorectomy.
The pathology slides were subsequently sent for review to another hospital. Disagreement arose as to the extent and nature of the ovarian tumor, as well as whether the patient needed chemotherapy. The woman opted to forego chemotherapy and has done well ever since.
In suing, the woman claimed the hysterectomy was unnecessary.
The doctor argued that because an ovarian tumor’s course is unpredictable and because microscopic tumor implants may have been present on the uterus, a hysterectomy was in the patient’s best interest.
- During a retrial, the jury returned a defense verdict.
Following a sonogram that revealed asymptomatic bilateral ovarian cysts, a 39-year-old woman underwent a left ovarian cystectomy.
When the pathologist reported a borderline ovarian tumor, her physician performed a total abdominal hysterectomy and bilateral salpingo-oophorectomy.
The pathology slides were subsequently sent for review to another hospital. Disagreement arose as to the extent and nature of the ovarian tumor, as well as whether the patient needed chemotherapy. The woman opted to forego chemotherapy and has done well ever since.
In suing, the woman claimed the hysterectomy was unnecessary.
The doctor argued that because an ovarian tumor’s course is unpredictable and because microscopic tumor implants may have been present on the uterus, a hysterectomy was in the patient’s best interest.
- During a retrial, the jury returned a defense verdict.
Following a sonogram that revealed asymptomatic bilateral ovarian cysts, a 39-year-old woman underwent a left ovarian cystectomy.
When the pathologist reported a borderline ovarian tumor, her physician performed a total abdominal hysterectomy and bilateral salpingo-oophorectomy.
The pathology slides were subsequently sent for review to another hospital. Disagreement arose as to the extent and nature of the ovarian tumor, as well as whether the patient needed chemotherapy. The woman opted to forego chemotherapy and has done well ever since.
In suing, the woman claimed the hysterectomy was unnecessary.
The doctor argued that because an ovarian tumor’s course is unpredictable and because microscopic tumor implants may have been present on the uterus, a hysterectomy was in the patient’s best interest.
- During a retrial, the jury returned a defense verdict.
IUD left in patient after hysterectomy
When a 41-year-old woman reported chronic pelvic pain, her doctor recommended a hysterectomy. Several years earlier, the patient had had an intrauterine device (IUD) inserted. Whether the hysterectomy was scheduled in part for the removal of the IUD was in dispute during the trial.
Following a vaginal hysterectomy, the doctor searched manually for the IUD but was unable to locate it. She concluded that the device had been removed. Eight years later, the intrauterine device was detected still inside the patient; it was removed during an unrelated liver biopsy.
In suing, the woman claimed the doctor was negligent for not removing the IUD and for not alerting her to the pathology report that showed no indication of IUD removal. She alleged that she suffered pelvic pain as a result of the doctor’s negligence. She also argued that an abdominal hysterectomy would have been more appropriate than a vaginal hysterectomy.
The doctor contended that a vaginal hysterectomy was appropriate. Further, she observed that an IUD is only 2 to 3 cm long and can be easily missed—even by a physician exercising a high degree of medical care. The physician also maintained that her failure to notify the patient of the possibility that the IUD might still be present did not fall below the standard of care.
- The jury returned a defense verdict.
When a 41-year-old woman reported chronic pelvic pain, her doctor recommended a hysterectomy. Several years earlier, the patient had had an intrauterine device (IUD) inserted. Whether the hysterectomy was scheduled in part for the removal of the IUD was in dispute during the trial.
Following a vaginal hysterectomy, the doctor searched manually for the IUD but was unable to locate it. She concluded that the device had been removed. Eight years later, the intrauterine device was detected still inside the patient; it was removed during an unrelated liver biopsy.
In suing, the woman claimed the doctor was negligent for not removing the IUD and for not alerting her to the pathology report that showed no indication of IUD removal. She alleged that she suffered pelvic pain as a result of the doctor’s negligence. She also argued that an abdominal hysterectomy would have been more appropriate than a vaginal hysterectomy.
The doctor contended that a vaginal hysterectomy was appropriate. Further, she observed that an IUD is only 2 to 3 cm long and can be easily missed—even by a physician exercising a high degree of medical care. The physician also maintained that her failure to notify the patient of the possibility that the IUD might still be present did not fall below the standard of care.
- The jury returned a defense verdict.
When a 41-year-old woman reported chronic pelvic pain, her doctor recommended a hysterectomy. Several years earlier, the patient had had an intrauterine device (IUD) inserted. Whether the hysterectomy was scheduled in part for the removal of the IUD was in dispute during the trial.
Following a vaginal hysterectomy, the doctor searched manually for the IUD but was unable to locate it. She concluded that the device had been removed. Eight years later, the intrauterine device was detected still inside the patient; it was removed during an unrelated liver biopsy.
In suing, the woman claimed the doctor was negligent for not removing the IUD and for not alerting her to the pathology report that showed no indication of IUD removal. She alleged that she suffered pelvic pain as a result of the doctor’s negligence. She also argued that an abdominal hysterectomy would have been more appropriate than a vaginal hysterectomy.
The doctor contended that a vaginal hysterectomy was appropriate. Further, she observed that an IUD is only 2 to 3 cm long and can be easily missed—even by a physician exercising a high degree of medical care. The physician also maintained that her failure to notify the patient of the possibility that the IUD might still be present did not fall below the standard of care.
- The jury returned a defense verdict.