Case details
Perforation a known risk of surgery, OB/GYN claimed
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional, psychological
FACTS
On Nov. 16, 2011, plaintiff Theresa Murray, 50, a medical office administrator, underwent laparoscopic surgery by Dr. Terry Cole, an OB/GYN. However, during the procedure, it was converted to an open left ovarian cyst and ovary removal, during which the sigmoid colon was perforated, resulting in peritonitis and sepsis. As a result, a second corrective surgery was required, followed by a lengthy and difficult course of recovery at Community Memorial Hospital, in Ventura. Murray sued Cole, Community Memorial Hospital, and Community Memorial Health System. Murray alleged that the defendants failed to properly perform the surgery and that their failure constituted medical malpractice. The plaintiff’s general surgery expert opined that Cole should not have attempted the surgery laparoscopically since he knew of Murray’s prior extensive surgical history and should have anticipated adhesions. The expert opined that, instead, Cole should have utilized an accepted alternative method, called the Hassan method, when operating the procedure due to prior Murray’s adhesions. The expert further opined that after attempting the procedure laparoscopically, and then converting it to a laparotomy, Cole should have detected the leak by carefully inspecting the site of the laparoscopic entry, near the sigmoid colon, and that after detecting the leak, Cole should have repaired the wound or consulted with a general surgeon, intraoperatively, on Nov. 16, 2011. The plaintiff’s infectious disease expert testified that the symptoms exhibited by Murray within the 12 to 24 hours subsequent to her surgery by Cole, invariably indicated that Murray had suffered a colon perforation during the surgery. The expert also opined that had Cole detected the leak and corrected it during the surgery, Murray would not have sustained her , including peritonitis and sepsis, which lead to her lengthy course and stay at the hospital. Defense counsel argued that Cole had no reason to believe that Murray would have had any adhesions in the umbilical area since prior surgeries were performed in the upper abdominal area. Counsel contended that Cole’s preferred method of surgery, via the Veress needle, is an accepted method by the obstetrical surgeons in the community and that Cole had no reason to believe that there was a leak, intraoperatively, since he carefully irrigated the abdomen before completing the surgery. Defense counsel also contended that the perforation of a sigmoid colon is a known complication of a left oophorectomy and that at the time of her surgery by Cole, Murray was likely suffering from a diverticulosis, a long-term condition that can lead to a leak in the large colon. Thus, counsel argued that, in this case, during the surgery by Cole, the weakness in Murray’s colon caused a post-operative leak, which did not exhibit signs and symptoms until after the surgery, more prominently on the 19th and 20th of November., Murray suffered a perforation of the sigmoid colon, resulting in peritonitis and sepsis. As a result, he required a second surgery to correct the perforation, followed by a lengthy and difficult course of recovery at Community Memorial Hospital. He was ultimately discharged on Dec. 23, 2011. Murray claimed that following her discharge from the hospital, her physical and social activities remained sharply limited. She also claimed she suffered emotional and psychological , as a result of the incidents.
COURT
Superior Court of Ventura County, Ventura, CA
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