Cook County (Ill) Circuit Court
A 32-year-old woman underwent laparoscopic surgery for endometriosis. During the procedure the surgeon noticed a bulge in the lower right ligament. Believing it to be a fibrous mass or tumor, he excised a portion of tissue for examination.
It was then discovered that the bulge was actually caused by a Foley catheter bulb pressing against the broad ligament, and that the incision to remove the bulge had cut into the bladder. A urologist performed a minilaparotomy and cystoscopy to repair the damage. The patient required prolonged hospitalization and recovery time and had permanent scarring.
In suing, the patient faulted the defendant for failing to locate the catheter or consider that it might have caused the bulge. The defendant claimed there was no reason to suspect that the catheter bulb might be in that location.
- The jury returned a defense verdict.