Queens County (NY) Supreme 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.