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Medical Verdicts

D&C, fetal death follow missed pregnancy

September 2004 · Vol. 16, No. 9

<court>Summit County (Ohio) Circuit Court</court>

Due to a missed period, a woman presented to her Ob/Gyn, who conducted an ultrasound. He diagnosed a blighted ovum and ordered no further tests. Per his recommendation, the woman underwent a D&C procedure.

Two weeks later, the woman delivered a deceased 3-inch fetus. A second D&C was required to remove the remaining products of conception. The plaintiffs sued, alleging emotional distress. The physician did not deny negligence, but questioned the level of distress the incident caused.

  • The jury awarded the plaintiffs $220,000.

The cases in this column are selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska, of Nashville, Tenn. ( While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

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