Surgical Negligence

New York County, NY

This medical malpractice action involved a plaintiff in her mid-50s who underwent a vaginal hysterectomy that was performed by the defendant OB-GYN at the defendant hospital. The plaintiff contended that OB-GYN negligently sutured both ureters closed during the repair of the bladder tear. The plaintiff contended that the OB-GYN should have recognized that the ureters were included in the bladder repair and were not free from injury prior to closure. However, even more egregious was that intraoperatively, the sponge count reflected that a surgical sponge was missing and in an effort to locate the missing sponge, the defendant OB-GYN performed a cystoscopy to look in the bladder for the sponge. During that procedure, he should have recognized that the two ureteral openings were not visible and therefore sutured shut during the bladder repair. The plaintiff did not contend the recognized tearing of the bladder was negligence. The plaintiff contended that she suffered permanent bilateral kidney damage, frequent urinary tract infections requiring several hospitalizations and episodes of urinary stress incontinence requiring extensive pelvic floor therapy. The plaintiff maintained that she will permanently be subject to infections and bouts of incontinence. The evidence disclosed that approximately four years earlier, the plaintiff had complaints of mild urinary stress incontinence. The plaintiff maintained that after the use of a vaginal sling and two sessions of pelvic floor therapy, the symptoms resolved until the subject alleged malpractice. The plaintiff made no income claims. The case settled prior to trial for $1 million, including $900,000 from the OB-GYN and $100,000 from the hospital.

REFERENCE  Plaintiff undergoing vaginal hysterectomy vs. Defendant OB-GYN.

Attorney for plaintiff: Victoria Wickman of Law Office of Victoria Wickman in New York, NY.