Did injuries necessitate cesarean sections?
<court>Queens County (NY) Supreme Court</court>
After a miscarriage at 13 weeks’ gestation, a woman in her late 30s underwent a dilatation and curettage (D&C) by her obstetrician. After 6 months of complications she underwent surgery that included removal of a diseased section of her sigmoid colon and a colostomy. After the colostomy was closed, she underwent a myomectomy and removal of uterine fibroids. Subsequently, the woman gave birth to 3 healthy male infants by cesarean section.
In suing, the woman claimed the obstetrician was negligent in perforating the uterus and bowel during the D&C, which necessitated the colostomy and cesarean deliveries.
The obstetrician argued that the injuries were a known risk of D&C and said the uterine injury did not necessitate the cesarean deliveries, but that the fibroid removal did.
- The jury returned a defense verdict.
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.