Case details
OB/GYN negligently performed hysterectomy, patient claimed
SUMMARY
$304800
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
bowel, colon, digestive, disfigurement, gastrointestinal, intestine, perforation, scar
FACTS
On Nov. 10, 2014, plaintiff Natacha Smith, 47, underwent a total vaginal hysterectomy, which addressed years of heavy menstrual bleeding. The surgery was performed by Dr. Boatram Nguyen, an obstetrician and gynecologist, at Eden Medical Center, in Castro Valley. After the uterus was removed, Nguyen closed the vaginal cuff with sutures. Over the next several days, Smith developed abdominal pain, nausea and diarrhea. On Nov. 21, 2014, Smith was seen in the emergency room at Eden Medical Center, where she was diagnosed with a suspected bowel obstruction. Dr. Elyssa Feinberg, a general and trauma surgeon, was consulted, and she performed a diagnostic laparoscopy, during which she found an errant stitch in the small bowel at the transition point of the obstruction. Feinberg removed the stitch and then converted the surgery to an open procedure to repair the small bowel obstruction. Ultimately, she removed six inches of Smith’s small bowel. Smith sued Nguyen and Nguyen’s employer, Sutter Medical Center Castro Valley. Smith alleged that Nguyen was negligent in the performance of the hysterectomy and that Nguyen’s negligence constituted medical malpractice. Smith also alleged that Sutter Medical Center Castro Valley was liable for Smith’s actions. Plaintiff’s counsel contended that Nguyen failed to watch the tip of the needle as she closed the vaginal cuff and caused an errant stitch. Counsel argued that an errant stitch does not occur if the physician is careful and that Smith’s complications do not occur in the absence of negligence. Plaintiff’s counsel further argued that Nguyen should have offered less intrusive medical alternatives to the hysterectomy, such as a contraceptive injection, Depo-Provera, or endometrial ablation, before resorting to a hysterectomy. Defense counsel argued that Nguyen was not negligent and that an errant stitch is a risk of the procedure. Counsel also argued that Smith was fully advised of her options, but that Smith chose the hysterectomy because it was the “definitive treatment” for her condition., Smith developed abdominal pain, nausea and diarrhea as a result of a suspected bowel obstruction, which was caused an errant stitch in the small bowel. She presented to the emergency room at Eden Medical Center, where she underwent a diagnostic laparoscopy and had the stitch removed. The surgery was then converted to an open procedure to repair the small bowel obstruction and she ultimately had six inches of her small bowel removed. Smith was left with abdominal scarring. She claimed that she requires ongoing medical needs as a result of rapid gastric emptying due to the removal of a portion of the small bowel. She also claimed her condition caused an exacerbation of her pre-existing anxiety and depression. Smith sought recovery of $2,400 in past medical costs and $2,400 in future medical costs. She also sought recovery of damages for her past and future pain and suffering.
COURT
Superior Court of Alameda County, Oakland, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
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- depression
- epidural
- extradural hematoma
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- facial bone
- fracture
- head
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- speech
- subdural hematoma
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