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Medical Verdicts


Injury at cyst removal insufficiently repaired

October 2004 · Vol. 16, No. 10

<court>Passaic County (NJ)</court>

A woman presented to her Ob/Gyn with complaints of vaginal pain and bleeding. Examination revealed a Bartholin’s gland cyst. Her Ob/Gyn recommended removal to alleviate her symptoms.

During the procedure, the physician perforated the woman’s vaginal-rectal wall. The attempt to repair the injury was not successful. As a result, the woman experienced fecal discharge through her vagina, requiring 3 subsequent surgeries.

The woman claimed the doctor did not fully discuss all treatment options, such as marsupialization, and thus did not obtain informed consent. She also argued that the defendant should have used a multilayer closure to repair the original injury.

The defendant maintained the woman was properly counseled, and noted that this injury is a known complication of the procedure.

  • The case settled for $500,000.

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 (www.verdictslaska.com). 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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