Kings County (NY) Supreme Court
An 18-year-old woman with a history of chronic pelvic pain and heavy menstrual periods was referred to a gynecologist for a laparoscopy. Abnormal internal bleeding that could not be controlled was encountered soon after the procedure began. An exploratory laparotomy was then performed. Injuries were found in 4 separate intra-abdominal structures: the iliac vein was lacerated, the small intestine had perforations in 2 separate locations, and a mesenteric blood vessel was also lacerated.
The woman asserted that the trocar was not inserted correctly and that she sustained motor and sensory impairments as well as cognitive deficits due to the large volume of blood lost during the procedure. She also claimed lack of informed consent in that she was not told the injuries were known risks of the surgery. She also claimed that despite losing 60% of her blood volume, she did not receive a blood transfusion.
The physician contended that the trocar and protective sheath might not have retracted properly and that the injuries sustained were a known risk of the procedure.
- The jury returned a defense verdict.