The patient sued Doctors 1 and 2, the hospital, and the nurses. The hospital filed a 3rd party action against Doctor 2, claiming he had used a nonradiopaque, noncounted sponge.
PATIENT’S CLAIM The patient claimed the doctor was negligent in leaving the sponge in her and failing to diagnose the problem following surgery.
DOCTOR’S DEFENSE Doctor 1 could not have told the patient about the retained sponge before he had seen the CT films, especially as the records showed a correct sponge count. When he was certain it was a sponge, he called the patient, but she never returned his calls. Also, as the assistant surgeon, he was not responsible for the sponge count.
VERDICT The plaintiff reached a confidential settlement with Doctor 2 and the hospital. The hospital settled with the plaintiff and dismissed its claim against Doctor 2. In the trial against Doctor 1, a defense verdict was returned.
Anesthesiologist, nurses say “not me,” blame OB
An infant later found to be mentally retarded was delivered by cesarean section following fetal distress.
PATIENT’S CLAIM The parents claim the obstetrician, anesthesiologist, and 2 hospital nurses failed to respond quickly to signs of fetal distress, and a 1-hour delay in performing a cesarean section caused the child’s mental retardation. The anesthesiologist should have been prepared for a cesarean section, and the nurses did not report the obstetrician’s delay to superiors.
DOCTOR’S DEFENSE Anesthesiologist and nurses blamed the obstetrician.
VERDICT Prior to trial, the obstetrician settled for $1 million. A $3.69 million verdict was returned against the others, but that was reduced to $45,000 because the jury found the obstetrician to be 90% at fault.
When are drugs, monitoring enough?
A woman pregnant with twins at 29 weeks’ gestation presented to a hospital with vaginal bleeding, but was discharged when maternal-fetal well-being was established. One day after a brown discharge, she reported to the hospital with bleeding and irregular contractions. She was monitored and given tocolytic drugs, then sent home where uterine activity was monitored. She suffered acute bleeding 2 days later and returned to the hospital, where an emergency cesarean section was performed. One twin was born severely depressed due to 75% placental abruption and died 2 days later. The other twin experienced 35% placental abruption, but had no further problems.
PATIENT’S CLAIM If ultrasound had been performed when the mother complained of bleeding, it would have shown the fluid depletion. The mother would have been hospitalized and monitored, allowing the doctors to know of the possibility of abruption.
DOCTOR’S DEFENSE The mother’s symptoms did not require hospitalization. She had a premature rupture of membranes for the one twin, leading to acute severe placental abruption.
VERDICT Defense verdict.
Did she or didn’t she consent to c-section?
A baby weighing over 11 pounds was delivered vaginally in 2001. The child was born with Erb’s palsy and brain damage and has undergone 2 surgeries for the Erb’s palsy. He suffers from language and speech deficits, and requires occupational and speech therapy.
PATIENT’S CLAIM The injury would not have occurred if the doctor, who knew the baby was large, had performed a cesarean section, to which the mother had consented.
DOCTOR’S DEFENSE The plaintiff refused a cesarean section, and a vaginal delivery was proper. Also, the child has no limitation on the range of motion of the left shoulder.
VERDICT A $4 million settlement was reached.
Defense: “Distorted anatomy’s the problem”
A 55-year-old woman had abdominal surgery, during which a ureter was apparently severed. She underwent a second operation to repair the damage.
PATIENT’S CLAIM The doctor was negligent in severing the ureter and in not identifying and repairing the injury in a timely manner.
DOCTOR’S DEFENSE The doctor was not convinced the injury had occurred during surgery, but if it had, then the patient’s distorted anatomy was to blame. Also, when urine leakage was identified, the patient was immediately referred for additional treatment.
VERDICT Defense verdict.
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, Nashville, Tenn (www.verdictslaska.com). The available information about the cases is sometimes incomplete; pertinent details may be unavailable. Moreover, the cases may or may not have merit. Still, these cases represent types of clinical situations that may result in litigation and are meant to illustrate variation in verdicts and awards. Any illustrations are generic and do not represent a specific legal case.