While most surgical procedures come with some degree of risk, certain complications are almost always the result of carelessness. The distinction between an unfortunate outcome and medical negligence can be difficult to determine, though, especially in cases involving complex surgical histories and multiple comorbidities. A recent ruling issued by a New York court in a medical malpractice case demonstrates how courts evaluate competing expert testimony and assess whether a malpractice claim should proceed to trial. If you have experienced serious complications following surgery, it is in your best interest to speak with a Rochester medical malpractice attorney about your rights.
History of the Case
It is reported that the plaintiff underwent a hysterectomy at the defendant’s hospital. At the time, the plaintiff was 65 years old. Her medical history included prior abdominal surgeries and breast cancer. During the procedure, the surgeon encountered abdominal adhesions that required them to convert the surgery from laparoscopy to open surgery. During the procedure, the surgeon identified and repaired intraoperative injuries to the bladder and small bowel. Complications arose that prompted a second surgery, during which another bowel perforation was discovered and repaired. The plaintiff subsequently developed sepsis, went into cardiac arrest, and endured a prolonged hospitalization that included additional surgeries and the placement of a colostomy.
It is further reported that the plaintiff later filed a lawsuit against the hospital, asserting medical malpractice and lack of informed consent. The plaintiff alleged that the surgical team failed to adequately inspect the bowel before closing the abdomen, which allowed the third bowel injury to go unnoticed. She also asserted that inadequate preoperative counseling and documentation supported a claim for lack of informed consent. The defendant moved for summary judgment, arguing that its providers complied with the standard of care and that the plaintiff’s injuries were unavoidable complications arising from her preexisting medical condition. Continue Reading ›