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Did failure to respond to nausea, discomfort lead to infant’s death?
A 19-year-old woman at 26 weeks’ gestation—serving a 60-day sentence at a county jail—was transferred to a hospital due to labor pain and contractions. At the hospital, an Ob/Gyn ruptured her membranes. Subsequently, the patient had a placental abruption. An emergency cesarean was performed. Despite resuscitation efforts, the infant died 49 minutes after delivery.
In suing, the patient alleged that she complained to a nurse of nausea and discomfort hours before she was sent to the hospital, but the nurse failed to provide any medical assistance.
The nurse argued that the woman did not complain to jail medical staff until she began experiencing contractions. In addition, the defense contended that the infant died due to oxygen loss during the placental abruption, which took place at the hospital.
- The jury returned a verdict for the defense.
A 19-year-old woman at 26 weeks’ gestation—serving a 60-day sentence at a county jail—was transferred to a hospital due to labor pain and contractions. At the hospital, an Ob/Gyn ruptured her membranes. Subsequently, the patient had a placental abruption. An emergency cesarean was performed. Despite resuscitation efforts, the infant died 49 minutes after delivery.
In suing, the patient alleged that she complained to a nurse of nausea and discomfort hours before she was sent to the hospital, but the nurse failed to provide any medical assistance.
The nurse argued that the woman did not complain to jail medical staff until she began experiencing contractions. In addition, the defense contended that the infant died due to oxygen loss during the placental abruption, which took place at the hospital.
- The jury returned a verdict for the defense.
A 19-year-old woman at 26 weeks’ gestation—serving a 60-day sentence at a county jail—was transferred to a hospital due to labor pain and contractions. At the hospital, an Ob/Gyn ruptured her membranes. Subsequently, the patient had a placental abruption. An emergency cesarean was performed. Despite resuscitation efforts, the infant died 49 minutes after delivery.
In suing, the patient alleged that she complained to a nurse of nausea and discomfort hours before she was sent to the hospital, but the nurse failed to provide any medical assistance.
The nurse argued that the woman did not complain to jail medical staff until she began experiencing contractions. In addition, the defense contended that the infant died due to oxygen loss during the placental abruption, which took place at the hospital.
- The jury returned a verdict for the defense.
Bladder perforation missed during laparoscopy
A 34-year-old woman underwent a diagnostic laparoscopy due to suspected endometriosis.
Following the procedure, the woman was sent home despite failure to void. Once home, she complained of severe abdominal pain, along with excessive fluid draining from the incision site. The patient’s husband called the nurse for assistance. The nurse was told by the doctor to prescribe Tylenol #3.
A few hours later, the woman went to a hospital where she was diagnosed with a perforated bladder, peritonitis, and disseminated intravascular coagulation (DIC). She required a laparotomy to suture the bladder perforation.
In suing, the woman claimed that the physician failed to recognize the perforation and sent her home despite her inability to void. She further contended that the physician did not handle the emergency call properly.
The physician contended that bladder perforation was a known complication of the procedure. Further, the doctor argued that since postoperative pain is expected, the phone call was handled properly.
- The jury awarded the plaintiff $409,090.
A 34-year-old woman underwent a diagnostic laparoscopy due to suspected endometriosis.
Following the procedure, the woman was sent home despite failure to void. Once home, she complained of severe abdominal pain, along with excessive fluid draining from the incision site. The patient’s husband called the nurse for assistance. The nurse was told by the doctor to prescribe Tylenol #3.
A few hours later, the woman went to a hospital where she was diagnosed with a perforated bladder, peritonitis, and disseminated intravascular coagulation (DIC). She required a laparotomy to suture the bladder perforation.
In suing, the woman claimed that the physician failed to recognize the perforation and sent her home despite her inability to void. She further contended that the physician did not handle the emergency call properly.
The physician contended that bladder perforation was a known complication of the procedure. Further, the doctor argued that since postoperative pain is expected, the phone call was handled properly.
- The jury awarded the plaintiff $409,090.
A 34-year-old woman underwent a diagnostic laparoscopy due to suspected endometriosis.
Following the procedure, the woman was sent home despite failure to void. Once home, she complained of severe abdominal pain, along with excessive fluid draining from the incision site. The patient’s husband called the nurse for assistance. The nurse was told by the doctor to prescribe Tylenol #3.
A few hours later, the woman went to a hospital where she was diagnosed with a perforated bladder, peritonitis, and disseminated intravascular coagulation (DIC). She required a laparotomy to suture the bladder perforation.
In suing, the woman claimed that the physician failed to recognize the perforation and sent her home despite her inability to void. She further contended that the physician did not handle the emergency call properly.
The physician contended that bladder perforation was a known complication of the procedure. Further, the doctor argued that since postoperative pain is expected, the phone call was handled properly.
- The jury awarded the plaintiff $409,090.
Uterus, rectum perforated during dilatation and curettage
An 81-year-old woman presented to her Ob/Gyn for dilatation and curettage (D&C). During the procedure, the patient’s uterus and rectum were perforated, requiring an emergency laparotomy repair.
In suing, the woman claimed that she was not informed of the possible risks of the procedure.
The physician contended that uterine perforation is a known risk of D&C. Further, the physician argued that the woman’s retroverted uterus, diverticular disease, advanced age, and adhesions between the rectum and uterus all contributed to the perforation.
- The case settled for $350,000.
An 81-year-old woman presented to her Ob/Gyn for dilatation and curettage (D&C). During the procedure, the patient’s uterus and rectum were perforated, requiring an emergency laparotomy repair.
In suing, the woman claimed that she was not informed of the possible risks of the procedure.
The physician contended that uterine perforation is a known risk of D&C. Further, the physician argued that the woman’s retroverted uterus, diverticular disease, advanced age, and adhesions between the rectum and uterus all contributed to the perforation.
- The case settled for $350,000.
An 81-year-old woman presented to her Ob/Gyn for dilatation and curettage (D&C). During the procedure, the patient’s uterus and rectum were perforated, requiring an emergency laparotomy repair.
In suing, the woman claimed that she was not informed of the possible risks of the procedure.
The physician contended that uterine perforation is a known risk of D&C. Further, the physician argued that the woman’s retroverted uterus, diverticular disease, advanced age, and adhesions between the rectum and uterus all contributed to the perforation.
- The case settled for $350,000.
Perforated cervix leads to pain, infertility
A 26-year-old woman presented to a clinic for an elective first-trimester abortion. During the procedure, the physician encountered cervical stenosis and referred the patient to another facility so that the abortion could be performed under general anesthesia. The procedure was conducted 5 days later.
Seven months later, the woman went to another physician with complaints of painful intercourse and bowel movements. She ultimately underwent a laparoscopy for the pain. During the procedure, the operating physician discovered a false passage or perforation of the cervical canal that led to an infected mass on the posterior cul-de-sac.
In suing, the woman claimed that the physician who performed the abortion caused the perforation and failed to prescribe antibiotics. She allegedly continues to suffer from painful intercourse and bowel movements, as well as infertility.
The physician contended that false passages or perforations do not become infected and will eventually heal spontaneously. In addition, the doctor argued that antibiotics were not the standard of care for treating false passages and therefore not necessary postoperatively. The physician further alleged that the patient’s pain was a result of a fibroid tumor and that the plaintiff—who took oral contraceptives for over 6 years—may be less fertile because of cervical stenosis.
- The jury returned a verdict for the defense.
A 26-year-old woman presented to a clinic for an elective first-trimester abortion. During the procedure, the physician encountered cervical stenosis and referred the patient to another facility so that the abortion could be performed under general anesthesia. The procedure was conducted 5 days later.
Seven months later, the woman went to another physician with complaints of painful intercourse and bowel movements. She ultimately underwent a laparoscopy for the pain. During the procedure, the operating physician discovered a false passage or perforation of the cervical canal that led to an infected mass on the posterior cul-de-sac.
In suing, the woman claimed that the physician who performed the abortion caused the perforation and failed to prescribe antibiotics. She allegedly continues to suffer from painful intercourse and bowel movements, as well as infertility.
The physician contended that false passages or perforations do not become infected and will eventually heal spontaneously. In addition, the doctor argued that antibiotics were not the standard of care for treating false passages and therefore not necessary postoperatively. The physician further alleged that the patient’s pain was a result of a fibroid tumor and that the plaintiff—who took oral contraceptives for over 6 years—may be less fertile because of cervical stenosis.
- The jury returned a verdict for the defense.
A 26-year-old woman presented to a clinic for an elective first-trimester abortion. During the procedure, the physician encountered cervical stenosis and referred the patient to another facility so that the abortion could be performed under general anesthesia. The procedure was conducted 5 days later.
Seven months later, the woman went to another physician with complaints of painful intercourse and bowel movements. She ultimately underwent a laparoscopy for the pain. During the procedure, the operating physician discovered a false passage or perforation of the cervical canal that led to an infected mass on the posterior cul-de-sac.
In suing, the woman claimed that the physician who performed the abortion caused the perforation and failed to prescribe antibiotics. She allegedly continues to suffer from painful intercourse and bowel movements, as well as infertility.
The physician contended that false passages or perforations do not become infected and will eventually heal spontaneously. In addition, the doctor argued that antibiotics were not the standard of care for treating false passages and therefore not necessary postoperatively. The physician further alleged that the patient’s pain was a result of a fibroid tumor and that the plaintiff—who took oral contraceptives for over 6 years—may be less fertile because of cervical stenosis.
- The jury returned a verdict for the defense.
Delayed diagnosis leads to stage IV breast cancer
<court>Richmond County (NY) Supreme Court</court>
A 41-year-old woman underwent a mammogram and sonogram. The mammogram was normal while the sonogram revealed 3 small cysts. One year later, she went to an Ob/Gyn for a breast exam and no abnormalities were discovered.
Two years after that, the patient felt a mass in her left breast tissue. A biopsy revealed stage IV breast cancer that had spread to her lymph nodes, sternum, and sacrum bone structures. Over the next 8 months the cancer spread through 15 sites in her bones, lungs, and right breast. She continues to be treated with chemotherapy.
In suing, the woman claimed that the physician told her the cysts revealed by the sonogram were benign and that a follow-up mammogram and sonogram were not recommended. She further argued that had the breast cancer been diagnosed 2 years earlier, she would have had an 85% to 95% cure rate.
The physician contended that he did indeed recommend that the patient get a follow-up mammogram and sonogram, and continue to perform monthly self-exams. The physician further argued that the cysts shown in the sonogram were benign and unrelated to the cancer. In addition, the doctor claimed that had the patient not missed a yearly follow-up visit and mammogram, the breast cancer would have been diagnosed earlier.
The jury found that while the physician did indeed order a follow-up mammogram and sonogram, it was his responsibility to ensure the patient completed the tests as ordered.
- The jury awarded the plaintiff $15 million, which was subsequently settled for a confidential amount.
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>Richmond County (NY) Supreme Court</court>
A 41-year-old woman underwent a mammogram and sonogram. The mammogram was normal while the sonogram revealed 3 small cysts. One year later, she went to an Ob/Gyn for a breast exam and no abnormalities were discovered.
Two years after that, the patient felt a mass in her left breast tissue. A biopsy revealed stage IV breast cancer that had spread to her lymph nodes, sternum, and sacrum bone structures. Over the next 8 months the cancer spread through 15 sites in her bones, lungs, and right breast. She continues to be treated with chemotherapy.
In suing, the woman claimed that the physician told her the cysts revealed by the sonogram were benign and that a follow-up mammogram and sonogram were not recommended. She further argued that had the breast cancer been diagnosed 2 years earlier, she would have had an 85% to 95% cure rate.
The physician contended that he did indeed recommend that the patient get a follow-up mammogram and sonogram, and continue to perform monthly self-exams. The physician further argued that the cysts shown in the sonogram were benign and unrelated to the cancer. In addition, the doctor claimed that had the patient not missed a yearly follow-up visit and mammogram, the breast cancer would have been diagnosed earlier.
The jury found that while the physician did indeed order a follow-up mammogram and sonogram, it was his responsibility to ensure the patient completed the tests as ordered.
- The jury awarded the plaintiff $15 million, which was subsequently settled for a confidential amount.
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>Richmond County (NY) Supreme Court</court>
A 41-year-old woman underwent a mammogram and sonogram. The mammogram was normal while the sonogram revealed 3 small cysts. One year later, she went to an Ob/Gyn for a breast exam and no abnormalities were discovered.
Two years after that, the patient felt a mass in her left breast tissue. A biopsy revealed stage IV breast cancer that had spread to her lymph nodes, sternum, and sacrum bone structures. Over the next 8 months the cancer spread through 15 sites in her bones, lungs, and right breast. She continues to be treated with chemotherapy.
In suing, the woman claimed that the physician told her the cysts revealed by the sonogram were benign and that a follow-up mammogram and sonogram were not recommended. She further argued that had the breast cancer been diagnosed 2 years earlier, she would have had an 85% to 95% cure rate.
The physician contended that he did indeed recommend that the patient get a follow-up mammogram and sonogram, and continue to perform monthly self-exams. The physician further argued that the cysts shown in the sonogram were benign and unrelated to the cancer. In addition, the doctor claimed that had the patient not missed a yearly follow-up visit and mammogram, the breast cancer would have been diagnosed earlier.
The jury found that while the physician did indeed order a follow-up mammogram and sonogram, it was his responsibility to ensure the patient completed the tests as ordered.
- The jury awarded the plaintiff $15 million, which was subsequently settled for a confidential amount.
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.
Did undiagnosed preeclampsia lead to maternal death?
A 23-year-old gravida suffered an abruption due to severe preeclampsia and required an emergency cesarean. Although the infant was delivered without complication, the mother developed HELLP (hemolysis, elevated liver proteins, and low platelets) syndrome and disseminated intravascular coagulation. She died 36 hours later from an intracerebral hemorrhage.
In suing, the patient’s family claimed that the nurse failed to properly alert the physician to the woman’s elevated blood pressure and proteinuria prior to delivery. If she had notified the doctor, the patient’s preeclampsia would not have worsened.
The physician contended that no consultation was necessary and that the patient’s preeclampsia was sudden and unexpected.
- The jury awarded the plaintiff $9.9 million.
A 23-year-old gravida suffered an abruption due to severe preeclampsia and required an emergency cesarean. Although the infant was delivered without complication, the mother developed HELLP (hemolysis, elevated liver proteins, and low platelets) syndrome and disseminated intravascular coagulation. She died 36 hours later from an intracerebral hemorrhage.
In suing, the patient’s family claimed that the nurse failed to properly alert the physician to the woman’s elevated blood pressure and proteinuria prior to delivery. If she had notified the doctor, the patient’s preeclampsia would not have worsened.
The physician contended that no consultation was necessary and that the patient’s preeclampsia was sudden and unexpected.
- The jury awarded the plaintiff $9.9 million.
A 23-year-old gravida suffered an abruption due to severe preeclampsia and required an emergency cesarean. Although the infant was delivered without complication, the mother developed HELLP (hemolysis, elevated liver proteins, and low platelets) syndrome and disseminated intravascular coagulation. She died 36 hours later from an intracerebral hemorrhage.
In suing, the patient’s family claimed that the nurse failed to properly alert the physician to the woman’s elevated blood pressure and proteinuria prior to delivery. If she had notified the doctor, the patient’s preeclampsia would not have worsened.
The physician contended that no consultation was necessary and that the patient’s preeclampsia was sudden and unexpected.
- The jury awarded the plaintiff $9.9 million.
Could cesarean delivery have prevented shoulder dystocia?
Several days prior to delivery, a woman presented to her Ob/Gyn for a sonogram. The results indicated an estimated fetal weight of between 4,664 g and 4,770 g.
Despite the fetus’s size, the gravida underwent a trial of labor and delivered a 10 lb, 9 oz (4,800 g) baby with brachial plexus injury to her right arm. Presently, the infant suffers from permanent nerve damage with limitation of her right arm.
In suing, the family argued that the delivering obstetrician should have warned the mother of the potential risk of vaginally delivering a macrosomic infant. The plaintiffs also contended that, at the time of delivery, there was a compound presentation of the fetus’s face and hand that should have been diagnosed earlier. In addition, they claimed that the physician exerted excessive traction to resolve shoulder dystocia.
The Ob/Gyn maintained that a trial of labor was appropriate because the woman had twice delivered large babies. The physician also claimed that the compound presentation was present only at the time of delivery—not beforehand. The Ob/Gyn further argued that no traction was placed on the fetal head during delivery. The shoulder injury occurred during labor when the infant’s shoulder was lodged under the symphysis pubis.
- The jury awarded the family $3.65 million.
Several days prior to delivery, a woman presented to her Ob/Gyn for a sonogram. The results indicated an estimated fetal weight of between 4,664 g and 4,770 g.
Despite the fetus’s size, the gravida underwent a trial of labor and delivered a 10 lb, 9 oz (4,800 g) baby with brachial plexus injury to her right arm. Presently, the infant suffers from permanent nerve damage with limitation of her right arm.
In suing, the family argued that the delivering obstetrician should have warned the mother of the potential risk of vaginally delivering a macrosomic infant. The plaintiffs also contended that, at the time of delivery, there was a compound presentation of the fetus’s face and hand that should have been diagnosed earlier. In addition, they claimed that the physician exerted excessive traction to resolve shoulder dystocia.
The Ob/Gyn maintained that a trial of labor was appropriate because the woman had twice delivered large babies. The physician also claimed that the compound presentation was present only at the time of delivery—not beforehand. The Ob/Gyn further argued that no traction was placed on the fetal head during delivery. The shoulder injury occurred during labor when the infant’s shoulder was lodged under the symphysis pubis.
- The jury awarded the family $3.65 million.
Several days prior to delivery, a woman presented to her Ob/Gyn for a sonogram. The results indicated an estimated fetal weight of between 4,664 g and 4,770 g.
Despite the fetus’s size, the gravida underwent a trial of labor and delivered a 10 lb, 9 oz (4,800 g) baby with brachial plexus injury to her right arm. Presently, the infant suffers from permanent nerve damage with limitation of her right arm.
In suing, the family argued that the delivering obstetrician should have warned the mother of the potential risk of vaginally delivering a macrosomic infant. The plaintiffs also contended that, at the time of delivery, there was a compound presentation of the fetus’s face and hand that should have been diagnosed earlier. In addition, they claimed that the physician exerted excessive traction to resolve shoulder dystocia.
The Ob/Gyn maintained that a trial of labor was appropriate because the woman had twice delivered large babies. The physician also claimed that the compound presentation was present only at the time of delivery—not beforehand. The Ob/Gyn further argued that no traction was placed on the fetal head during delivery. The shoulder injury occurred during labor when the infant’s shoulder was lodged under the symphysis pubis.
- The jury awarded the family $3.65 million.
Emergency surgery leads to compartment syndrome
After a complicated labor and emergency cesarean, a 25-year-old woman began to bleed and developed uterine atony. As a result, a hysterectomy was performed. After the surgery, the physician diagnosed fluid overload and peripheral edema and ordered treatment with furosemide.
In recovery, the patient complained of severe leg pain. Upon examination, the on-call physician assessed her condition as mild anterior compartment syndrome. He ordered elevation and therapeutic hose, along with a course of morphine. Despite these measures, the woman continued to complain of severe leg pain.
The attending physician called in an orthopedist. On examination, the orthopedist did a pressure check of the patient’s right leg and found a compartment pressure of 55 mm Hg. The patient underwent an emergency fasciotomy in which 75% of the muscle of the anterior compartment was removed. She now suffers from decreased strength and control in her right foot.
In suing, the woman claimed that the physicians did not diagnose compartment syndrome in a timely fashion.
The physician contended that compartment syndrome is very rare following a cesarean and argued that the accepted standard of care did not require an Ob/Gyn to include compartment syndrome in the differential diagnoses. The doctor also noted that the woman had made a good recovery and maintained that delayed diagnosis did not cause her condition.
- The case settled for $142,500.
After a complicated labor and emergency cesarean, a 25-year-old woman began to bleed and developed uterine atony. As a result, a hysterectomy was performed. After the surgery, the physician diagnosed fluid overload and peripheral edema and ordered treatment with furosemide.
In recovery, the patient complained of severe leg pain. Upon examination, the on-call physician assessed her condition as mild anterior compartment syndrome. He ordered elevation and therapeutic hose, along with a course of morphine. Despite these measures, the woman continued to complain of severe leg pain.
The attending physician called in an orthopedist. On examination, the orthopedist did a pressure check of the patient’s right leg and found a compartment pressure of 55 mm Hg. The patient underwent an emergency fasciotomy in which 75% of the muscle of the anterior compartment was removed. She now suffers from decreased strength and control in her right foot.
In suing, the woman claimed that the physicians did not diagnose compartment syndrome in a timely fashion.
The physician contended that compartment syndrome is very rare following a cesarean and argued that the accepted standard of care did not require an Ob/Gyn to include compartment syndrome in the differential diagnoses. The doctor also noted that the woman had made a good recovery and maintained that delayed diagnosis did not cause her condition.
- The case settled for $142,500.
After a complicated labor and emergency cesarean, a 25-year-old woman began to bleed and developed uterine atony. As a result, a hysterectomy was performed. After the surgery, the physician diagnosed fluid overload and peripheral edema and ordered treatment with furosemide.
In recovery, the patient complained of severe leg pain. Upon examination, the on-call physician assessed her condition as mild anterior compartment syndrome. He ordered elevation and therapeutic hose, along with a course of morphine. Despite these measures, the woman continued to complain of severe leg pain.
The attending physician called in an orthopedist. On examination, the orthopedist did a pressure check of the patient’s right leg and found a compartment pressure of 55 mm Hg. The patient underwent an emergency fasciotomy in which 75% of the muscle of the anterior compartment was removed. She now suffers from decreased strength and control in her right foot.
In suing, the woman claimed that the physicians did not diagnose compartment syndrome in a timely fashion.
The physician contended that compartment syndrome is very rare following a cesarean and argued that the accepted standard of care did not require an Ob/Gyn to include compartment syndrome in the differential diagnoses. The doctor also noted that the woman had made a good recovery and maintained that delayed diagnosis did not cause her condition.
- The case settled for $142,500.
Did kidney failure, death stem from persistent UTI?
In 1995, a woman presented to her Ob/Gyn with a urinary tract infection (UTI). A culture revealed Proteus bacteria. Some time later, kidney stones developed, resulting in kidney failure in 1998. The patient was placed on dialysis. After continuing infection and blood clotting, the 47-year-old woman was ineligible for a kidney transplant. She died in July 2000.
In suing, the patient’s family argued that the kidney failure could have been surgically reversed in 1998 had the Proteus bacteria been properly treated.
The Ob/Gyn claimed that the patient’s primary-care physician was responsible for follow-up of her bacterial infection. The primary-care physician, however, claimed it was the Ob/Gyn’s responsibility.
- The Ob/Gyn and the kidney specialist settled with the plaintiff for $950,000 under the condition that they are allowed to seek contributions from the primary-care physician.
In 1995, a woman presented to her Ob/Gyn with a urinary tract infection (UTI). A culture revealed Proteus bacteria. Some time later, kidney stones developed, resulting in kidney failure in 1998. The patient was placed on dialysis. After continuing infection and blood clotting, the 47-year-old woman was ineligible for a kidney transplant. She died in July 2000.
In suing, the patient’s family argued that the kidney failure could have been surgically reversed in 1998 had the Proteus bacteria been properly treated.
The Ob/Gyn claimed that the patient’s primary-care physician was responsible for follow-up of her bacterial infection. The primary-care physician, however, claimed it was the Ob/Gyn’s responsibility.
- The Ob/Gyn and the kidney specialist settled with the plaintiff for $950,000 under the condition that they are allowed to seek contributions from the primary-care physician.
In 1995, a woman presented to her Ob/Gyn with a urinary tract infection (UTI). A culture revealed Proteus bacteria. Some time later, kidney stones developed, resulting in kidney failure in 1998. The patient was placed on dialysis. After continuing infection and blood clotting, the 47-year-old woman was ineligible for a kidney transplant. She died in July 2000.
In suing, the patient’s family argued that the kidney failure could have been surgically reversed in 1998 had the Proteus bacteria been properly treated.
The Ob/Gyn claimed that the patient’s primary-care physician was responsible for follow-up of her bacterial infection. The primary-care physician, however, claimed it was the Ob/Gyn’s responsibility.
- The Ob/Gyn and the kidney specialist settled with the plaintiff for $950,000 under the condition that they are allowed to seek contributions from the primary-care physician.
Did delayed follow-up lead to breast cancer?
A 28-year-old woman visited her Ob/Gyn for prenatal care. During examination, the physician discovered a 1-cm mass in her breast. The doctor believed the mass to be pregnancy- or hormone-related, but monitored her breast pathology throughout the pregnancy.
Some 16 months after a successful delivery, the woman returned to her doctor for an annual exam. The physician discovered a breast mass. A mammogram and further testing revealed breast cancer. A mastectomy with axillary dissection and reconstruction was performed. Five positive lymph nodes were discovered and staged type II, grade 3.
In suing, the patient argued that the physician failed to order a timely follow-up breast exam that could have resulted in earlier diagnosis and treatment.
The physician countered there was no proof that the masses discovered on separate occasions were the same.
- The case settled for $250,000.
A 28-year-old woman visited her Ob/Gyn for prenatal care. During examination, the physician discovered a 1-cm mass in her breast. The doctor believed the mass to be pregnancy- or hormone-related, but monitored her breast pathology throughout the pregnancy.
Some 16 months after a successful delivery, the woman returned to her doctor for an annual exam. The physician discovered a breast mass. A mammogram and further testing revealed breast cancer. A mastectomy with axillary dissection and reconstruction was performed. Five positive lymph nodes were discovered and staged type II, grade 3.
In suing, the patient argued that the physician failed to order a timely follow-up breast exam that could have resulted in earlier diagnosis and treatment.
The physician countered there was no proof that the masses discovered on separate occasions were the same.
- The case settled for $250,000.
A 28-year-old woman visited her Ob/Gyn for prenatal care. During examination, the physician discovered a 1-cm mass in her breast. The doctor believed the mass to be pregnancy- or hormone-related, but monitored her breast pathology throughout the pregnancy.
Some 16 months after a successful delivery, the woman returned to her doctor for an annual exam. The physician discovered a breast mass. A mammogram and further testing revealed breast cancer. A mastectomy with axillary dissection and reconstruction was performed. Five positive lymph nodes were discovered and staged type II, grade 3.
In suing, the patient argued that the physician failed to order a timely follow-up breast exam that could have resulted in earlier diagnosis and treatment.
The physician countered there was no proof that the masses discovered on separate occasions were the same.
- The case settled for $250,000.