Patient’s claim A cerclage should have been performed, and the septum should have been found and treated. Even with the septum, she could carry a child to term.
Doctor’s defense A cerclage was not a risk-free procedure, and there were no clear signs of an incompetent cervix. The septum made the uterus too small for a pregnancy to be carried to term. Also the septum could not be diagnosed while the woman was still pregnant.
Verdict Michigan defense verdict.
Hysterectomy, then hematuria, then stroke
Following an abdominal hysterectomy, the urine of a 53-year-old patient was found to be bloody, and then she suffered a stroke. After tests were performed, a laceration of the bladder’s dome and posterior wall was repaired in follow-up surgery.
Patient’s claim The laceration occurred during the hysterectomy. She suffered a stroke as a result of blood loss from that injury. She has residual impairment of attention, memory, and vision. There was negligence in performing the surgery and for failing to diagnose and treat the laceration in a timely manner.
Doctor’s defense The laceration happened during the repair surgery—or else a small laceration was made larger by the postoperative diagnostic imaging studies. Also, bleeding, lacerations, and punctures are known risks of abdominal hysterectomy.
Verdict $400,000 New York settlement with the surgeon. The claims against the assisting physician and the hospital were discontinued.