Mother dies 10 h post-delivery … and more
PATIENT’S CLAIM At least five similar incidents involving the same nursing assistant reportedly occurred in the hospital over a 16-month period. At trial, four patients and an employee testified that they had been similarly assaulted and had reported the incidents to hospital staff. The nursing assistant should have been removed from his position after the first reported incident, and a thorough investigation conducted. The patient suffered post-traumatic stress disorder because of her experience.
DEFENDANTS’ DEFENSE A proper investigation was made. Often, female patients are uncomfortable with male nurses. The hospital denied being notified of some incidents, and maintained it had suspended the male nursing assistant when it became aware of the incident under litigation.
VERDICT A $67,359,753 California verdict included $65 million in punitive damages against the hospital and its former corporate owner.
Salpingectomy results in death
TO INCREASE HER CHANCES of becoming pregnant using IVF, a woman in her 30s underwent adhesiolysis and salpingectomy. She was discharged the same day.
The next day, she complained of abdominal pain to her ObGyn. She died two days after surgery from septic shock due to a perforated bowel.
ESTATE’S CLAIM The ObGyn was negligent in discharging her, especially because the surgeon had identified a superficial injury to the bowel during surgery. She should have been examined the day after surgery when she first complained of abdominal pain.
PHYSICIANS’ DEFENSE The ObGyn acted appropriately in relying on the surgeon’s recommendation for discharge. He had contacted the patient twice after her initial call regarding abdominal pain, and was told both times that she was feeling better.
VERDICT A Virginia defense verdict was returned.
Disastrous D&C after miscarriage
A 29-YEAR-OLD WOMAN miscarried at 14 weeks’ gestation. An ObGyn recommended that she undergo dilation and curettage (D&C).
With the ObGyn in attendance, a resident sedated the patient and performed the D&C. When the resident perforated the uterus, the ObGyn took over, inserting ring forceps to remove the remains. The forceps went through the perforation and tore the top half of the rectum and a portion of bowel.
A rectal surgeon, called in to repair the injury, performed an ileostomy and created an ileostomy pouch. The ileo-stomy was later successfully reversed.
PATIENT’S CLAIM The woman was at risk of injury because her uterus was anteverted and she had under-gone a cesarean delivery; an experienced physician should have performed the procedure.
When the perforation first occurred, ultrasonography should have been used to identify the puncture and prevent in-jury to the rectum and bowel.
DEFENDANTS’ DEFENSE The patient gave informed consent. The injury is a known risk of the procedure.
VERDICT A $2.5 million Michigan verdict was returned against the ObGyn and hospital, but was reduced to $1.25 million under the statutory cap.
