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Woman without breast cancer undergoes mastectomy
When a 55-year-old woman presented to an oncologist with a crease in her left breast, the physician ordered a mammogram as well as fine-needle biopsy of a lesion in that breast.
The patient alleged she was then told she had cancer, and opted for a mastectomy. The doctor testified that he suggested she have a biopsy with a possible mastectomy, but she chose only the mastectomy due to her family medical history.
A mastectomy without a biopsy was performed, along with removal of 11 lymph nodes. Afterward, it was discovered that the patient did not have breast cancer. The patient suffered postoperatively from lymphedema.
- The jury awarded the plaintiff $2.4 million.
When a 55-year-old woman presented to an oncologist with a crease in her left breast, the physician ordered a mammogram as well as fine-needle biopsy of a lesion in that breast.
The patient alleged she was then told she had cancer, and opted for a mastectomy. The doctor testified that he suggested she have a biopsy with a possible mastectomy, but she chose only the mastectomy due to her family medical history.
A mastectomy without a biopsy was performed, along with removal of 11 lymph nodes. Afterward, it was discovered that the patient did not have breast cancer. The patient suffered postoperatively from lymphedema.
- The jury awarded the plaintiff $2.4 million.
When a 55-year-old woman presented to an oncologist with a crease in her left breast, the physician ordered a mammogram as well as fine-needle biopsy of a lesion in that breast.
The patient alleged she was then told she had cancer, and opted for a mastectomy. The doctor testified that he suggested she have a biopsy with a possible mastectomy, but she chose only the mastectomy due to her family medical history.
A mastectomy without a biopsy was performed, along with removal of 11 lymph nodes. Afterward, it was discovered that the patient did not have breast cancer. The patient suffered postoperatively from lymphedema.
- The jury awarded the plaintiff $2.4 million.
Did failure to note fetal distress cause hypoxia, brain damage?
During a patient’s labor, a nurse anesthetist administered an epidural spinal block for pain. An Ob/Gyn examined the patient soon after, then left. Shortly after the doctor departed, fetal distress occurred, but the nurses allegedly failed to notice the change in fetal status.
When the baby was delivered approximately 2 hours later, she was limp, apneic, and had a heart rate of 40. Her Apgar scores were 1 at 1 minute, 3 at 5 minutes, and 4 at 10 minutes. The cord pH was abnormal at 6.71. The child now suffers from severe brain damage due to hypoxia.
The mother sued, claiming the doctor and nurses waited too long to deliver the baby and failed to recognize the fetal distress. She further argued that a fetal scalp electrode should have been used but was not.
Hospital staff contended that the baby’s brain injury stemmed from a preexisting maternal condition.
- The case settled for $10,025,000.
During a patient’s labor, a nurse anesthetist administered an epidural spinal block for pain. An Ob/Gyn examined the patient soon after, then left. Shortly after the doctor departed, fetal distress occurred, but the nurses allegedly failed to notice the change in fetal status.
When the baby was delivered approximately 2 hours later, she was limp, apneic, and had a heart rate of 40. Her Apgar scores were 1 at 1 minute, 3 at 5 minutes, and 4 at 10 minutes. The cord pH was abnormal at 6.71. The child now suffers from severe brain damage due to hypoxia.
The mother sued, claiming the doctor and nurses waited too long to deliver the baby and failed to recognize the fetal distress. She further argued that a fetal scalp electrode should have been used but was not.
Hospital staff contended that the baby’s brain injury stemmed from a preexisting maternal condition.
- The case settled for $10,025,000.
During a patient’s labor, a nurse anesthetist administered an epidural spinal block for pain. An Ob/Gyn examined the patient soon after, then left. Shortly after the doctor departed, fetal distress occurred, but the nurses allegedly failed to notice the change in fetal status.
When the baby was delivered approximately 2 hours later, she was limp, apneic, and had a heart rate of 40. Her Apgar scores were 1 at 1 minute, 3 at 5 minutes, and 4 at 10 minutes. The cord pH was abnormal at 6.71. The child now suffers from severe brain damage due to hypoxia.
The mother sued, claiming the doctor and nurses waited too long to deliver the baby and failed to recognize the fetal distress. She further argued that a fetal scalp electrode should have been used but was not.
Hospital staff contended that the baby’s brain injury stemmed from a preexisting maternal condition.
- The case settled for $10,025,000.
Incorrect intubation results in brain damage
A newborn required intubation following delivery. However, a nurse anesthetist placed the breathing tube into the right mainstem bronchus instead of the trachea. By the time the problem was discovered and corrected 2 hours later, the baby had suffered pneumothorax of the right lung and a collapse of the left lung, resulting in irreversible brain damage.
In suing, the child—now 17—argued that the doctor was slow to respond to fetal distress on the monitor strips.
The doctor argued that the negligence did not cause the child’s brain injury.
- The case settled for $18 million from the hospital and $400,000 from the physician.
A newborn required intubation following delivery. However, a nurse anesthetist placed the breathing tube into the right mainstem bronchus instead of the trachea. By the time the problem was discovered and corrected 2 hours later, the baby had suffered pneumothorax of the right lung and a collapse of the left lung, resulting in irreversible brain damage.
In suing, the child—now 17—argued that the doctor was slow to respond to fetal distress on the monitor strips.
The doctor argued that the negligence did not cause the child’s brain injury.
- The case settled for $18 million from the hospital and $400,000 from the physician.
A newborn required intubation following delivery. However, a nurse anesthetist placed the breathing tube into the right mainstem bronchus instead of the trachea. By the time the problem was discovered and corrected 2 hours later, the baby had suffered pneumothorax of the right lung and a collapse of the left lung, resulting in irreversible brain damage.
In suing, the child—now 17—argued that the doctor was slow to respond to fetal distress on the monitor strips.
The doctor argued that the negligence did not cause the child’s brain injury.
- The case settled for $18 million from the hospital and $400,000 from the physician.
Amniotic fluid embolism precedes mother’s death
During the delivery of her fifth child, a woman suffered an amniotic fluid embolism and died. Her son was delivered successfully.
The patient’s husband sued, alleging that the doctors were negligent in failing to perform a timely cesarean section. He claimed that his wife suffered a uterine tear as a result of the prolonged induced labor.
The doctors asserted that amniotic fluid embolism is unpredictable and untreatable.
- The jury returned a defense verdict.
During the delivery of her fifth child, a woman suffered an amniotic fluid embolism and died. Her son was delivered successfully.
The patient’s husband sued, alleging that the doctors were negligent in failing to perform a timely cesarean section. He claimed that his wife suffered a uterine tear as a result of the prolonged induced labor.
The doctors asserted that amniotic fluid embolism is unpredictable and untreatable.
- The jury returned a defense verdict.
During the delivery of her fifth child, a woman suffered an amniotic fluid embolism and died. Her son was delivered successfully.
The patient’s husband sued, alleging that the doctors were negligent in failing to perform a timely cesarean section. He claimed that his wife suffered a uterine tear as a result of the prolonged induced labor.
The doctors asserted that amniotic fluid embolism is unpredictable and untreatable.
- The jury returned a defense verdict.
Were ovaries removed without consent?
A 38-year-old woman complained of pelvic pain on her left side. Her physician performed an ultrasound and discovered multiple uterine fibroids. He recommended she undergo surgery once the pain became unbearable.
Three months later, the woman reported cramping and severe pain during intercourse. The doctor prescribed a painkiller and scheduled a surgery in 2 months. Since the consulting doctor no longer performed surgery, the woman was referred to his partner.
During her preoperative visit, the patient was given an informed consent form for hysterectomy in which ovary removal was mentioned. At trial the woman claimed to have told the doctor she did not want her ovaries removed. She said the physician called the form a formality and reassured her that he would not remove her ovaries.
During the operation, the doctor discovered severe endometriosis over both ovaries, obliterating the pelvic cul-de-sac. The woman’s condition was further complicated by severe adhesions. The doctor then performed a bilateral salpingo-oophorectomy and prescribed a course of hormone replacement therapy.
In suing, the woman claimed the doctor lacked informed consent to remove her ovaries. She also reiterated her strong desire to preserve her ovaries despite the pathology.
The doctor contended that he had acted within the standard of care and said the woman’s signature on the consent form approved the possibility of ovary removal. He also argued that the severe condition of her ovaries necessitated removal.
- The jury returned a defense verdict.
A 38-year-old woman complained of pelvic pain on her left side. Her physician performed an ultrasound and discovered multiple uterine fibroids. He recommended she undergo surgery once the pain became unbearable.
Three months later, the woman reported cramping and severe pain during intercourse. The doctor prescribed a painkiller and scheduled a surgery in 2 months. Since the consulting doctor no longer performed surgery, the woman was referred to his partner.
During her preoperative visit, the patient was given an informed consent form for hysterectomy in which ovary removal was mentioned. At trial the woman claimed to have told the doctor she did not want her ovaries removed. She said the physician called the form a formality and reassured her that he would not remove her ovaries.
During the operation, the doctor discovered severe endometriosis over both ovaries, obliterating the pelvic cul-de-sac. The woman’s condition was further complicated by severe adhesions. The doctor then performed a bilateral salpingo-oophorectomy and prescribed a course of hormone replacement therapy.
In suing, the woman claimed the doctor lacked informed consent to remove her ovaries. She also reiterated her strong desire to preserve her ovaries despite the pathology.
The doctor contended that he had acted within the standard of care and said the woman’s signature on the consent form approved the possibility of ovary removal. He also argued that the severe condition of her ovaries necessitated removal.
- The jury returned a defense verdict.
A 38-year-old woman complained of pelvic pain on her left side. Her physician performed an ultrasound and discovered multiple uterine fibroids. He recommended she undergo surgery once the pain became unbearable.
Three months later, the woman reported cramping and severe pain during intercourse. The doctor prescribed a painkiller and scheduled a surgery in 2 months. Since the consulting doctor no longer performed surgery, the woman was referred to his partner.
During her preoperative visit, the patient was given an informed consent form for hysterectomy in which ovary removal was mentioned. At trial the woman claimed to have told the doctor she did not want her ovaries removed. She said the physician called the form a formality and reassured her that he would not remove her ovaries.
During the operation, the doctor discovered severe endometriosis over both ovaries, obliterating the pelvic cul-de-sac. The woman’s condition was further complicated by severe adhesions. The doctor then performed a bilateral salpingo-oophorectomy and prescribed a course of hormone replacement therapy.
In suing, the woman claimed the doctor lacked informed consent to remove her ovaries. She also reiterated her strong desire to preserve her ovaries despite the pathology.
The doctor contended that he had acted within the standard of care and said the woman’s signature on the consent form approved the possibility of ovary removal. He also argued that the severe condition of her ovaries necessitated removal.
- The jury returned a defense verdict.
Episiotomy, fourth-degree tear lead to colorectal surgery
A 49-year-old woman delivered her second child vaginally after a previous cesarean section. During delivery, she required an episiotomy and experienced a fourth-degree tear.
Six days after her discharge, the patient’s husband called the doctor to report that his wife was suffering from severe constipation. The doctor advised him to give her an enema. The first enema had no effect, so a second one was administered. Later, the woman experienced a bloody bowel movement. The doctor diagnosed her with cloaca, a merger of the vaginal and rectal openings. She was referred to a colorectal surgeon to repair the condition.
At the time of trial, the patient said she continued to suffer from incontinence and had not engaged in sexual intercourse due to pain. She claimed that the doctor failed to advise her of the risks of an episiotomy or instruct her on how to care for the site. In addition, she contended that she was discharged without having a bowel movement. Further, she argued that recommending an enema without conducting an examination violated the standard of care. She said the enema’s hard nozzle may have caused trauma to the tissue and damaged the episiotomy.
The doctor argued that the bowel movement caused the problem, not the enema, and observed that an enema is the safest and most effective way to treat constipation.
- The jury returned a defense verdict.
A 49-year-old woman delivered her second child vaginally after a previous cesarean section. During delivery, she required an episiotomy and experienced a fourth-degree tear.
Six days after her discharge, the patient’s husband called the doctor to report that his wife was suffering from severe constipation. The doctor advised him to give her an enema. The first enema had no effect, so a second one was administered. Later, the woman experienced a bloody bowel movement. The doctor diagnosed her with cloaca, a merger of the vaginal and rectal openings. She was referred to a colorectal surgeon to repair the condition.
At the time of trial, the patient said she continued to suffer from incontinence and had not engaged in sexual intercourse due to pain. She claimed that the doctor failed to advise her of the risks of an episiotomy or instruct her on how to care for the site. In addition, she contended that she was discharged without having a bowel movement. Further, she argued that recommending an enema without conducting an examination violated the standard of care. She said the enema’s hard nozzle may have caused trauma to the tissue and damaged the episiotomy.
The doctor argued that the bowel movement caused the problem, not the enema, and observed that an enema is the safest and most effective way to treat constipation.
- The jury returned a defense verdict.
A 49-year-old woman delivered her second child vaginally after a previous cesarean section. During delivery, she required an episiotomy and experienced a fourth-degree tear.
Six days after her discharge, the patient’s husband called the doctor to report that his wife was suffering from severe constipation. The doctor advised him to give her an enema. The first enema had no effect, so a second one was administered. Later, the woman experienced a bloody bowel movement. The doctor diagnosed her with cloaca, a merger of the vaginal and rectal openings. She was referred to a colorectal surgeon to repair the condition.
At the time of trial, the patient said she continued to suffer from incontinence and had not engaged in sexual intercourse due to pain. She claimed that the doctor failed to advise her of the risks of an episiotomy or instruct her on how to care for the site. In addition, she contended that she was discharged without having a bowel movement. Further, she argued that recommending an enema without conducting an examination violated the standard of care. She said the enema’s hard nozzle may have caused trauma to the tissue and damaged the episiotomy.
The doctor argued that the bowel movement caused the problem, not the enema, and observed that an enema is the safest and most effective way to treat constipation.
- The jury returned a defense verdict.
Did delay result in stage IV breast cancer?
When a 62-year-old woman complained of a slight swelling in her armpit, her physician allegedly told her that thyroid blood tests and blood pressure checks he had performed at a previous visit were sufficient to rule out cancer. He also noted that her annual mammograms were negative.
Eighteen months later, the woman alleged, she presented with a walnut-sized lump in her armpit, but the doctor did not detect a mass. In another 6 months, the physician detected a mass and diagnosed terminal stage IV breast cancer.
In court, the woman claimed the physician gave her a false sense of security when he said blood work would be enough to detect breast cancer. Further, she contended that his follow-up procedures and delayed diagnosis did not fall within the standard of care.
The doctor maintained the woman did not complain of armpit swelling or pain until just before he diagnosed her with breast cancer.
- The jury returned a defense verdict.
When a 62-year-old woman complained of a slight swelling in her armpit, her physician allegedly told her that thyroid blood tests and blood pressure checks he had performed at a previous visit were sufficient to rule out cancer. He also noted that her annual mammograms were negative.
Eighteen months later, the woman alleged, she presented with a walnut-sized lump in her armpit, but the doctor did not detect a mass. In another 6 months, the physician detected a mass and diagnosed terminal stage IV breast cancer.
In court, the woman claimed the physician gave her a false sense of security when he said blood work would be enough to detect breast cancer. Further, she contended that his follow-up procedures and delayed diagnosis did not fall within the standard of care.
The doctor maintained the woman did not complain of armpit swelling or pain until just before he diagnosed her with breast cancer.
- The jury returned a defense verdict.
When a 62-year-old woman complained of a slight swelling in her armpit, her physician allegedly told her that thyroid blood tests and blood pressure checks he had performed at a previous visit were sufficient to rule out cancer. He also noted that her annual mammograms were negative.
Eighteen months later, the woman alleged, she presented with a walnut-sized lump in her armpit, but the doctor did not detect a mass. In another 6 months, the physician detected a mass and diagnosed terminal stage IV breast cancer.
In court, the woman claimed the physician gave her a false sense of security when he said blood work would be enough to detect breast cancer. Further, she contended that his follow-up procedures and delayed diagnosis did not fall within the standard of care.
The doctor maintained the woman did not complain of armpit swelling or pain until just before he diagnosed her with breast cancer.
- The jury returned a defense verdict.
Undiagnosed CHARGE syndrome leads to multiple birth defects
A baby boy was born with CHARGE syndrome, consisting of birth defects that include deformed hands, heart anomalies, and incurable cognitive impairments.
The mother sued, claiming that doctors failed to note the fetus’ hand defect in a sonogram performed at 19.5 weeks’ gestation. If doctors had detected this abnormality, additional screening tests would have revealed multiple deformities, she alleged, allowing her the possibility of terminating the pregnancy.
The doctor maintained that the hand deformity was not apparent on the sonographic images.
- The case settled for $1.5 million.
A baby boy was born with CHARGE syndrome, consisting of birth defects that include deformed hands, heart anomalies, and incurable cognitive impairments.
The mother sued, claiming that doctors failed to note the fetus’ hand defect in a sonogram performed at 19.5 weeks’ gestation. If doctors had detected this abnormality, additional screening tests would have revealed multiple deformities, she alleged, allowing her the possibility of terminating the pregnancy.
The doctor maintained that the hand deformity was not apparent on the sonographic images.
- The case settled for $1.5 million.
A baby boy was born with CHARGE syndrome, consisting of birth defects that include deformed hands, heart anomalies, and incurable cognitive impairments.
The mother sued, claiming that doctors failed to note the fetus’ hand defect in a sonogram performed at 19.5 weeks’ gestation. If doctors had detected this abnormality, additional screening tests would have revealed multiple deformities, she alleged, allowing her the possibility of terminating the pregnancy.
The doctor maintained that the hand deformity was not apparent on the sonographic images.
- The case settled for $1.5 million.
Was Erb’s palsy caused by excessive traction?
After an unremarkable pregnancy, a 17-year-old woman presented to a hospital for labor induction. When oxytocin was administered, she was 80% effaced and 2 cm dilated. Approximately 10 hours later, the mother was instructed to push. Two hours later, the doctor applied a vacuum and performed an episiotomy. Shoulder dystocia was encountered.
The obstetrician performed the McRobert’s maneuver and delivered the infant without difficulty. However, it was soon noted that the newborn showed decreased movement of the right upper extremity. The infant later required brachial plexus exploration and underwent nerve-grafting surgery at 14 months.
In suing, the mother claimed that a vacuum was applied more than twice, with the obstetrician leaving the area to retrieve another vacuum. The patient argued that after 1 failed vacuum attempt, the obstetrician should have performed a cesarean.
She also argued that she was at increased risk for shoulder dystocia because she was only 5’1 and labor was induced at 40.5 weeks’ gestation with an unengaged vertex. In addition, she said that slow dilatation in the first stage of labor and a prolonged second stage should have further alerted the physician to likely shoulder dystocia.
Lastly, she alleged that the physician failed to utilize proper maneuvers to manage the shoulder dystocia, and that excessive traction to the baby’s head and neck resulted in Erb’s palsy.
The doctor maintained that the brachial plexus injury either occurred in the birth canal during descent or resulted from a turtle mechanism during the shoulder dystocia.
- The case settled for $450,000.
After an unremarkable pregnancy, a 17-year-old woman presented to a hospital for labor induction. When oxytocin was administered, she was 80% effaced and 2 cm dilated. Approximately 10 hours later, the mother was instructed to push. Two hours later, the doctor applied a vacuum and performed an episiotomy. Shoulder dystocia was encountered.
The obstetrician performed the McRobert’s maneuver and delivered the infant without difficulty. However, it was soon noted that the newborn showed decreased movement of the right upper extremity. The infant later required brachial plexus exploration and underwent nerve-grafting surgery at 14 months.
In suing, the mother claimed that a vacuum was applied more than twice, with the obstetrician leaving the area to retrieve another vacuum. The patient argued that after 1 failed vacuum attempt, the obstetrician should have performed a cesarean.
She also argued that she was at increased risk for shoulder dystocia because she was only 5’1 and labor was induced at 40.5 weeks’ gestation with an unengaged vertex. In addition, she said that slow dilatation in the first stage of labor and a prolonged second stage should have further alerted the physician to likely shoulder dystocia.
Lastly, she alleged that the physician failed to utilize proper maneuvers to manage the shoulder dystocia, and that excessive traction to the baby’s head and neck resulted in Erb’s palsy.
The doctor maintained that the brachial plexus injury either occurred in the birth canal during descent or resulted from a turtle mechanism during the shoulder dystocia.
- The case settled for $450,000.
After an unremarkable pregnancy, a 17-year-old woman presented to a hospital for labor induction. When oxytocin was administered, she was 80% effaced and 2 cm dilated. Approximately 10 hours later, the mother was instructed to push. Two hours later, the doctor applied a vacuum and performed an episiotomy. Shoulder dystocia was encountered.
The obstetrician performed the McRobert’s maneuver and delivered the infant without difficulty. However, it was soon noted that the newborn showed decreased movement of the right upper extremity. The infant later required brachial plexus exploration and underwent nerve-grafting surgery at 14 months.
In suing, the mother claimed that a vacuum was applied more than twice, with the obstetrician leaving the area to retrieve another vacuum. The patient argued that after 1 failed vacuum attempt, the obstetrician should have performed a cesarean.
She also argued that she was at increased risk for shoulder dystocia because she was only 5’1 and labor was induced at 40.5 weeks’ gestation with an unengaged vertex. In addition, she said that slow dilatation in the first stage of labor and a prolonged second stage should have further alerted the physician to likely shoulder dystocia.
Lastly, she alleged that the physician failed to utilize proper maneuvers to manage the shoulder dystocia, and that excessive traction to the baby’s head and neck resulted in Erb’s palsy.
The doctor maintained that the brachial plexus injury either occurred in the birth canal during descent or resulted from a turtle mechanism during the shoulder dystocia.
- The case settled for $450,000.
Missed cornual pregnancy blamed for subtotal hysterectomy, infertility
Following a fertility workup, a 43-year-old woman was administered clomiphene citrate along with human chorionic gonadotropin to stimulate ovulation. About 17 months later, she became pregnant. However, the patient had a fetal demise at 14 weeks’ gestation.
The woman underwent dilatation and curettage to clear the fetal remains. Shortly thereafter, she returned to the doctor with complaints of abdominal pain and light vaginal bleeding. An examination revealed tenderness in the fundal area. The physician diagnosed incomplete abortion and referred her to the hospital for an additional dilatation and curettage. This was performed the following day, along with an exploratory laparotomy.
During the procedure, it was determined that the patient had a second undiagnosed pregnancy in her cornua that had ruptured. She required a subtotal hysterectomy, losing 50% of her uterus and retaining 1 fallopian tube and ovary.
The patient sued, arguing that she did indeed exhibit signs of a cornual pregnancy. She maintained that if the physician had detected her condition in a timely fashion, a cornual resection could have been performed. This procedure would have saved 90% of her uterus, she claimed, thereby increasing her chances of achieving pregnancy and carrying a fetus to term.
The doctor contended that the woman’s symptoms did not warrant hospitalization or a differential diagnosis of cornual pregnancy. He also claimed that the patient failed to undergo a fertility workup following her subtotal hysterectomy, despite his specific recommendation.
- The jury awarded the plaintiff $1.25 million.
Following a fertility workup, a 43-year-old woman was administered clomiphene citrate along with human chorionic gonadotropin to stimulate ovulation. About 17 months later, she became pregnant. However, the patient had a fetal demise at 14 weeks’ gestation.
The woman underwent dilatation and curettage to clear the fetal remains. Shortly thereafter, she returned to the doctor with complaints of abdominal pain and light vaginal bleeding. An examination revealed tenderness in the fundal area. The physician diagnosed incomplete abortion and referred her to the hospital for an additional dilatation and curettage. This was performed the following day, along with an exploratory laparotomy.
During the procedure, it was determined that the patient had a second undiagnosed pregnancy in her cornua that had ruptured. She required a subtotal hysterectomy, losing 50% of her uterus and retaining 1 fallopian tube and ovary.
The patient sued, arguing that she did indeed exhibit signs of a cornual pregnancy. She maintained that if the physician had detected her condition in a timely fashion, a cornual resection could have been performed. This procedure would have saved 90% of her uterus, she claimed, thereby increasing her chances of achieving pregnancy and carrying a fetus to term.
The doctor contended that the woman’s symptoms did not warrant hospitalization or a differential diagnosis of cornual pregnancy. He also claimed that the patient failed to undergo a fertility workup following her subtotal hysterectomy, despite his specific recommendation.
- The jury awarded the plaintiff $1.25 million.
Following a fertility workup, a 43-year-old woman was administered clomiphene citrate along with human chorionic gonadotropin to stimulate ovulation. About 17 months later, she became pregnant. However, the patient had a fetal demise at 14 weeks’ gestation.
The woman underwent dilatation and curettage to clear the fetal remains. Shortly thereafter, she returned to the doctor with complaints of abdominal pain and light vaginal bleeding. An examination revealed tenderness in the fundal area. The physician diagnosed incomplete abortion and referred her to the hospital for an additional dilatation and curettage. This was performed the following day, along with an exploratory laparotomy.
During the procedure, it was determined that the patient had a second undiagnosed pregnancy in her cornua that had ruptured. She required a subtotal hysterectomy, losing 50% of her uterus and retaining 1 fallopian tube and ovary.
The patient sued, arguing that she did indeed exhibit signs of a cornual pregnancy. She maintained that if the physician had detected her condition in a timely fashion, a cornual resection could have been performed. This procedure would have saved 90% of her uterus, she claimed, thereby increasing her chances of achieving pregnancy and carrying a fetus to term.
The doctor contended that the woman’s symptoms did not warrant hospitalization or a differential diagnosis of cornual pregnancy. He also claimed that the patient failed to undergo a fertility workup following her subtotal hysterectomy, despite his specific recommendation.
- The jury awarded the plaintiff $1.25 million.