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Sponge left in abdomen leads to pain, infertility
Three weeks after a successful cesarean delivery, a woman complained to her physician of pain and discomfort in the lower right quadrant of her abdomen. The physician ordered a series of blood tests and advised the woman that her pain was the result of a hematoma that would heal itself with time. However, the pain did not subside on its own.
Some time later, an x-ray of the abdomen revealed a retained surgical sponge, which was removed via laparotomy.
In suing, the woman claimed that she suffered damage to her reproductive organs as a result of the physician’s negligence. In addition, she cannot conceive naturally.
- The jury awarded the plaintiff $438,686.
Three weeks after a successful cesarean delivery, a woman complained to her physician of pain and discomfort in the lower right quadrant of her abdomen. The physician ordered a series of blood tests and advised the woman that her pain was the result of a hematoma that would heal itself with time. However, the pain did not subside on its own.
Some time later, an x-ray of the abdomen revealed a retained surgical sponge, which was removed via laparotomy.
In suing, the woman claimed that she suffered damage to her reproductive organs as a result of the physician’s negligence. In addition, she cannot conceive naturally.
- The jury awarded the plaintiff $438,686.
Three weeks after a successful cesarean delivery, a woman complained to her physician of pain and discomfort in the lower right quadrant of her abdomen. The physician ordered a series of blood tests and advised the woman that her pain was the result of a hematoma that would heal itself with time. However, the pain did not subside on its own.
Some time later, an x-ray of the abdomen revealed a retained surgical sponge, which was removed via laparotomy.
In suing, the woman claimed that she suffered damage to her reproductive organs as a result of the physician’s negligence. In addition, she cannot conceive naturally.
- The jury awarded the plaintiff $438,686.
Was infant death a result of vacuum extractor misuse?
A woman at 41 weeks’ gestation presented to her Ob/Gyn for the induction of labor. The doctor used a vacuum extractor to rotate and deliver the infant. During delivery, a tight nuchal cord was noted and cut before the delivery of the infant’s shoulders. The baby died 2 days later of multiorgan system failure.
In suing, the mother contended that the physician was negligent in using a vacuum extractor to deliver an infant from a persistent posterior position. In addition, the mother claimed that her child’s death was due to a subgaleal hemorrhage directly caused by the vacuum extractor.
The physician argued that the infant’s hemorrhage and death were caused by viral sepsis and developing disseminated intravascular coagulation.
- The case settled for $250,000.
A woman at 41 weeks’ gestation presented to her Ob/Gyn for the induction of labor. The doctor used a vacuum extractor to rotate and deliver the infant. During delivery, a tight nuchal cord was noted and cut before the delivery of the infant’s shoulders. The baby died 2 days later of multiorgan system failure.
In suing, the mother contended that the physician was negligent in using a vacuum extractor to deliver an infant from a persistent posterior position. In addition, the mother claimed that her child’s death was due to a subgaleal hemorrhage directly caused by the vacuum extractor.
The physician argued that the infant’s hemorrhage and death were caused by viral sepsis and developing disseminated intravascular coagulation.
- The case settled for $250,000.
A woman at 41 weeks’ gestation presented to her Ob/Gyn for the induction of labor. The doctor used a vacuum extractor to rotate and deliver the infant. During delivery, a tight nuchal cord was noted and cut before the delivery of the infant’s shoulders. The baby died 2 days later of multiorgan system failure.
In suing, the mother contended that the physician was negligent in using a vacuum extractor to deliver an infant from a persistent posterior position. In addition, the mother claimed that her child’s death was due to a subgaleal hemorrhage directly caused by the vacuum extractor.
The physician argued that the infant’s hemorrhage and death were caused by viral sepsis and developing disseminated intravascular coagulation.
- The case settled for $250,000.
Did failure to treat chlamydia lead to cerebral palsy?
At 27 weeks’ gestation, a woman pregnant with twins presented to a hospital with unstoppable preterm labor. While the first twin delivered without complication, the second now suffers from cerebral palsy.
In suing, the mother claimed that she prematurely delivered because the medical staff failed to treat her chlamydia infection.
The medical staff contended that the mother’s failure to attend prenatal visits led to the premature delivery. In addition, they argued that twin-twin transfusion may have caused the second child’s complications.
- The case settled for $2.1 million.
At 27 weeks’ gestation, a woman pregnant with twins presented to a hospital with unstoppable preterm labor. While the first twin delivered without complication, the second now suffers from cerebral palsy.
In suing, the mother claimed that she prematurely delivered because the medical staff failed to treat her chlamydia infection.
The medical staff contended that the mother’s failure to attend prenatal visits led to the premature delivery. In addition, they argued that twin-twin transfusion may have caused the second child’s complications.
- The case settled for $2.1 million.
At 27 weeks’ gestation, a woman pregnant with twins presented to a hospital with unstoppable preterm labor. While the first twin delivered without complication, the second now suffers from cerebral palsy.
In suing, the mother claimed that she prematurely delivered because the medical staff failed to treat her chlamydia infection.
The medical staff contended that the mother’s failure to attend prenatal visits led to the premature delivery. In addition, they argued that twin-twin transfusion may have caused the second child’s complications.
- The case settled for $2.1 million.
Bowel resection necessary after ovarian cyst removal
To determine whether an ovarian cyst was cancerous, a 46-year-old woman underwent a laparoscopic salpingo-oophorectomy. Postoperatively, the woman complained of nausea, vomiting, and pain. She ultimately required surgery to have a portion of her bowel resected.
In suing, the patient claimed that during the laparoscopic procedure her small intestine was burned with a cautery instrument, which doctors failed to diagnose. Further, she argued that a computed tomography scan should have been performed when she returned to the hospital’s emergency room. She contended that the physicians’ negligence led to increased infection, which ultimately resulted in the surgical resection.
The physicians argued that the patient was informed of her risks and that proper inspection of her bowel was made at the time of surgery. Further, they contended that the burn on her small intestine, which developed into a 2-mm perforation, would not have been detectable during surgery.
- The case settled for $378,500.
To determine whether an ovarian cyst was cancerous, a 46-year-old woman underwent a laparoscopic salpingo-oophorectomy. Postoperatively, the woman complained of nausea, vomiting, and pain. She ultimately required surgery to have a portion of her bowel resected.
In suing, the patient claimed that during the laparoscopic procedure her small intestine was burned with a cautery instrument, which doctors failed to diagnose. Further, she argued that a computed tomography scan should have been performed when she returned to the hospital’s emergency room. She contended that the physicians’ negligence led to increased infection, which ultimately resulted in the surgical resection.
The physicians argued that the patient was informed of her risks and that proper inspection of her bowel was made at the time of surgery. Further, they contended that the burn on her small intestine, which developed into a 2-mm perforation, would not have been detectable during surgery.
- The case settled for $378,500.
To determine whether an ovarian cyst was cancerous, a 46-year-old woman underwent a laparoscopic salpingo-oophorectomy. Postoperatively, the woman complained of nausea, vomiting, and pain. She ultimately required surgery to have a portion of her bowel resected.
In suing, the patient claimed that during the laparoscopic procedure her small intestine was burned with a cautery instrument, which doctors failed to diagnose. Further, she argued that a computed tomography scan should have been performed when she returned to the hospital’s emergency room. She contended that the physicians’ negligence led to increased infection, which ultimately resulted in the surgical resection.
The physicians argued that the patient was informed of her risks and that proper inspection of her bowel was made at the time of surgery. Further, they contended that the burn on her small intestine, which developed into a 2-mm perforation, would not have been detectable during surgery.
- The case settled for $378,500.
Were post-D&C injections necessary?
A 39-year-old woman presented to her physician with complaints of vaginal bleeding in March 1997. Upon examination, the physician diagnosed fibroid tumors in the uterus. The doctor recommended dilatation and curettage (D&C), which was performed the same day. Three days later, the patient received a leuprolide acetate injection; in April and May she received 2 follow-up injections of the medication.
In July 1997, the woman underwent a myomectomy. No fibroid tumors were found during this procedure. One week later, the patient was readmitted with complaints of extreme stomach pains. Surgery was performed to remove adhesions that were causing the pain. The woman continues to suffer from nausea, heartburn, vomiting, painful intercourse, and bowel restriction.
In suing, the patient claimed that the physician did not wait sufficient time to see if the D&C alone would have solved the problem. The plaintiff claimed that both the leuprolide injections and the “myomectomy” that revealed no uterine myomas were unnecesary.
The physician maintained that the examinations and procedures were adequate.
- The jury awarded the plaintiff $1 million.
A 39-year-old woman presented to her physician with complaints of vaginal bleeding in March 1997. Upon examination, the physician diagnosed fibroid tumors in the uterus. The doctor recommended dilatation and curettage (D&C), which was performed the same day. Three days later, the patient received a leuprolide acetate injection; in April and May she received 2 follow-up injections of the medication.
In July 1997, the woman underwent a myomectomy. No fibroid tumors were found during this procedure. One week later, the patient was readmitted with complaints of extreme stomach pains. Surgery was performed to remove adhesions that were causing the pain. The woman continues to suffer from nausea, heartburn, vomiting, painful intercourse, and bowel restriction.
In suing, the patient claimed that the physician did not wait sufficient time to see if the D&C alone would have solved the problem. The plaintiff claimed that both the leuprolide injections and the “myomectomy” that revealed no uterine myomas were unnecesary.
The physician maintained that the examinations and procedures were adequate.
- The jury awarded the plaintiff $1 million.
A 39-year-old woman presented to her physician with complaints of vaginal bleeding in March 1997. Upon examination, the physician diagnosed fibroid tumors in the uterus. The doctor recommended dilatation and curettage (D&C), which was performed the same day. Three days later, the patient received a leuprolide acetate injection; in April and May she received 2 follow-up injections of the medication.
In July 1997, the woman underwent a myomectomy. No fibroid tumors were found during this procedure. One week later, the patient was readmitted with complaints of extreme stomach pains. Surgery was performed to remove adhesions that were causing the pain. The woman continues to suffer from nausea, heartburn, vomiting, painful intercourse, and bowel restriction.
In suing, the patient claimed that the physician did not wait sufficient time to see if the D&C alone would have solved the problem. The plaintiff claimed that both the leuprolide injections and the “myomectomy” that revealed no uterine myomas were unnecesary.
The physician maintained that the examinations and procedures were adequate.
- The jury awarded the plaintiff $1 million.
Unreported abnormal Pap smear blamed in death
During an annual visit in 1998, a 37-year-old woman was found to have a lesion on her cervix. A biopsy confirmed that she had cancer. The physician determined that the tumor was too large for surgery. The patient therefore underwent radiation and chemotherapy, but died 2 years later.
In suing, the woman’s family claimed that a 1994 Pap smear had been improperly read. According to the family, a cytotechnologist had reviewed the Pap smear and reported it as normal, despite the presence of abnormal cells on the slide. Had a pathologist reviewed the Pap smear, they argued, the atypical cells would have been discovered.
The defendant laboratory contended that there were very few abnormal cells on the 1994 slide and that failure to identify them was not negligent.
- The plaintiff was awarded $4 million.
During an annual visit in 1998, a 37-year-old woman was found to have a lesion on her cervix. A biopsy confirmed that she had cancer. The physician determined that the tumor was too large for surgery. The patient therefore underwent radiation and chemotherapy, but died 2 years later.
In suing, the woman’s family claimed that a 1994 Pap smear had been improperly read. According to the family, a cytotechnologist had reviewed the Pap smear and reported it as normal, despite the presence of abnormal cells on the slide. Had a pathologist reviewed the Pap smear, they argued, the atypical cells would have been discovered.
The defendant laboratory contended that there were very few abnormal cells on the 1994 slide and that failure to identify them was not negligent.
- The plaintiff was awarded $4 million.
During an annual visit in 1998, a 37-year-old woman was found to have a lesion on her cervix. A biopsy confirmed that she had cancer. The physician determined that the tumor was too large for surgery. The patient therefore underwent radiation and chemotherapy, but died 2 years later.
In suing, the woman’s family claimed that a 1994 Pap smear had been improperly read. According to the family, a cytotechnologist had reviewed the Pap smear and reported it as normal, despite the presence of abnormal cells on the slide. Had a pathologist reviewed the Pap smear, they argued, the atypical cells would have been discovered.
The defendant laboratory contended that there were very few abnormal cells on the 1994 slide and that failure to identify them was not negligent.
- The plaintiff was awarded $4 million.
Did misread mammogram result in breast cancer, death?
<court>Kings County (NY) Supreme Court</court>
In October 1996, a 40-year-old woman presented to her physician for a mammogram, which the doctor interpreted as normal.
In September 1997, the woman returned to her doctor complaining of pain and a mass in her breast. A mammogram revealed cancer, which had metastasized to her bones. She later died.
In suing, the patient’s family claimed the physician failed to properly read the 1996 mammogram, thereby delaying diagnosis of her disease. The doctor contended that the mass was aggressive and had developed after the 1996 mammogram.
- Prior to the return of the jury verdict, the defense agreed to a high/low settlement, with a minimum payment of $100,000. The jury later returned a verdict for the defense.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Kings County (NY) Supreme Court</court>
In October 1996, a 40-year-old woman presented to her physician for a mammogram, which the doctor interpreted as normal.
In September 1997, the woman returned to her doctor complaining of pain and a mass in her breast. A mammogram revealed cancer, which had metastasized to her bones. She later died.
In suing, the patient’s family claimed the physician failed to properly read the 1996 mammogram, thereby delaying diagnosis of her disease. The doctor contended that the mass was aggressive and had developed after the 1996 mammogram.
- Prior to the return of the jury verdict, the defense agreed to a high/low settlement, with a minimum payment of $100,000. The jury later returned a verdict for the defense.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Kings County (NY) Supreme Court</court>
In October 1996, a 40-year-old woman presented to her physician for a mammogram, which the doctor interpreted as normal.
In September 1997, the woman returned to her doctor complaining of pain and a mass in her breast. A mammogram revealed cancer, which had metastasized to her bones. She later died.
In suing, the patient’s family claimed the physician failed to properly read the 1996 mammogram, thereby delaying diagnosis of her disease. The doctor contended that the mass was aggressive and had developed after the 1996 mammogram.
- Prior to the return of the jury verdict, the defense agreed to a high/low settlement, with a minimum payment of $100,000. The jury later returned a verdict for the defense.
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.
Metastatic breast cancer follows unreported mammogram results
A woman underwent a routine mammogram in October 1999. The report indicated possible nodular density in the upper outer quadrant of the right breast. In August 2000, the woman discovered a mass in this same location during self-examination. She was later diagnosed with breast cancer that had metastasized. She underwent chemotherapy, a right modified radical mastectomy, and radiation therapy.
In suing, the patient claimed she was never contacted with the results of her 1999 mammogram or about the need for further testing.
The physician argued that he tried to contact the patient several times.
- The jury awarded the plaintiff $6.8 million.
A woman underwent a routine mammogram in October 1999. The report indicated possible nodular density in the upper outer quadrant of the right breast. In August 2000, the woman discovered a mass in this same location during self-examination. She was later diagnosed with breast cancer that had metastasized. She underwent chemotherapy, a right modified radical mastectomy, and radiation therapy.
In suing, the patient claimed she was never contacted with the results of her 1999 mammogram or about the need for further testing.
The physician argued that he tried to contact the patient several times.
- The jury awarded the plaintiff $6.8 million.
A woman underwent a routine mammogram in October 1999. The report indicated possible nodular density in the upper outer quadrant of the right breast. In August 2000, the woman discovered a mass in this same location during self-examination. She was later diagnosed with breast cancer that had metastasized. She underwent chemotherapy, a right modified radical mastectomy, and radiation therapy.
In suing, the patient claimed she was never contacted with the results of her 1999 mammogram or about the need for further testing.
The physician argued that he tried to contact the patient several times.
- The jury awarded the plaintiff $6.8 million.
Did fetal chorioamnionitis exposure cause brain damage?
Doctors diagnosed chorioamnionitis in a 15-year-old girl who presented to a hospital in labor and with a fever at approximately 10:45 AM. By 1 PM the patient was 5-cm dilated, but labor failed to progress. At 3:30 PM, doctors decided to deliver the infant via cesarean. However, delivery did not occur until 67 minutes after the order.
The infant was born with Apgar scores of 9 at 1 minute and 9 at 5 minutes. Following antibiotic therapy for possible meningitis that may have resulted from exposure to the mother’s infection, all cultures performed on the infant were normal.
The child, who was 15-years-old at the time of the trial, was enrolled in high school but required special education classes. In suing, he claimed that exposure to the mother’s infection at the time of his birth caused his developmental delays. He contended that cesarean delivery should have been performed earlier to minimize exposure.
The physician argued that any developmental delays were minimal and unrelated to the events at birth, evidenced by the fact that the infant had Apgar scores of 9 at both 1 and 5 minutes.
- The case settled for $1.75 million.
Doctors diagnosed chorioamnionitis in a 15-year-old girl who presented to a hospital in labor and with a fever at approximately 10:45 AM. By 1 PM the patient was 5-cm dilated, but labor failed to progress. At 3:30 PM, doctors decided to deliver the infant via cesarean. However, delivery did not occur until 67 minutes after the order.
The infant was born with Apgar scores of 9 at 1 minute and 9 at 5 minutes. Following antibiotic therapy for possible meningitis that may have resulted from exposure to the mother’s infection, all cultures performed on the infant were normal.
The child, who was 15-years-old at the time of the trial, was enrolled in high school but required special education classes. In suing, he claimed that exposure to the mother’s infection at the time of his birth caused his developmental delays. He contended that cesarean delivery should have been performed earlier to minimize exposure.
The physician argued that any developmental delays were minimal and unrelated to the events at birth, evidenced by the fact that the infant had Apgar scores of 9 at both 1 and 5 minutes.
- The case settled for $1.75 million.
Doctors diagnosed chorioamnionitis in a 15-year-old girl who presented to a hospital in labor and with a fever at approximately 10:45 AM. By 1 PM the patient was 5-cm dilated, but labor failed to progress. At 3:30 PM, doctors decided to deliver the infant via cesarean. However, delivery did not occur until 67 minutes after the order.
The infant was born with Apgar scores of 9 at 1 minute and 9 at 5 minutes. Following antibiotic therapy for possible meningitis that may have resulted from exposure to the mother’s infection, all cultures performed on the infant were normal.
The child, who was 15-years-old at the time of the trial, was enrolled in high school but required special education classes. In suing, he claimed that exposure to the mother’s infection at the time of his birth caused his developmental delays. He contended that cesarean delivery should have been performed earlier to minimize exposure.
The physician argued that any developmental delays were minimal and unrelated to the events at birth, evidenced by the fact that the infant had Apgar scores of 9 at both 1 and 5 minutes.
- The case settled for $1.75 million.
Could hysterectomy following uterine atony have been avoided?
A woman presented to a hospital for delivery. Following a normal vaginal birth, the patient began to hemorrhage as a result of uterine atony.
The physician performed a dilatation and curettage procedure, which was ineffective. A hysterectomy was thus required.
In suing, the patient claimed that the physician failed to properly monitor and record findings of fundal firmness and vaginal bleeding, and failed to record blood pressure and pulse every 10 to 15 minutes, as was hospital policy. She argued that the uterine atony was not treated in a timely manner, thus necessitating a hysterectomy.
The physician argued that the woman was appropriately treated, adding that she was given fundal massage following delivery, her bleeding was treated with carboprost tromethamine and methylergonovine maleate, and she was administered blood and platelets.
- The jury returned a verdict for the defense.
A woman presented to a hospital for delivery. Following a normal vaginal birth, the patient began to hemorrhage as a result of uterine atony.
The physician performed a dilatation and curettage procedure, which was ineffective. A hysterectomy was thus required.
In suing, the patient claimed that the physician failed to properly monitor and record findings of fundal firmness and vaginal bleeding, and failed to record blood pressure and pulse every 10 to 15 minutes, as was hospital policy. She argued that the uterine atony was not treated in a timely manner, thus necessitating a hysterectomy.
The physician argued that the woman was appropriately treated, adding that she was given fundal massage following delivery, her bleeding was treated with carboprost tromethamine and methylergonovine maleate, and she was administered blood and platelets.
- The jury returned a verdict for the defense.
A woman presented to a hospital for delivery. Following a normal vaginal birth, the patient began to hemorrhage as a result of uterine atony.
The physician performed a dilatation and curettage procedure, which was ineffective. A hysterectomy was thus required.
In suing, the patient claimed that the physician failed to properly monitor and record findings of fundal firmness and vaginal bleeding, and failed to record blood pressure and pulse every 10 to 15 minutes, as was hospital policy. She argued that the uterine atony was not treated in a timely manner, thus necessitating a hysterectomy.
The physician argued that the woman was appropriately treated, adding that she was given fundal massage following delivery, her bleeding was treated with carboprost tromethamine and methylergonovine maleate, and she was administered blood and platelets.
- The jury returned a verdict for the defense.