Medical Verdicts

Hysterectomy defies patient’s wish


Lorain County (Ohio) Court of Common Pleas

A 47-year-old woman with a strong belief in holistic medicine presented to an Ob/Gyn with abdominal complaints. Suspecting ovarian cysts, the physician scheduled an exploratory procedure.

Prior to surgery, the woman expressly stated in writing that a hysterectomy was not to be performed, since this procedure went against her beliefs. At surgery, however, the physician encountered excessive bleeding and performed an abdominal hysterectomy.

In suing, the woman noted that the physician had defied her wishes, and claimed the hysterectomy caused her emotional distress.

The defendant maintained that his decision was appropriate given the bleeding he discovered.

  • The parties settled for $210,000.
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 ( 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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