The Lipkin & Apter team of medical malpractice attorneys represented M.B., a 44 year-old woman who underwent surgery to remove fibroids (non-cancerous growths) from the inside of her uterus. The Defendant gynecologist perforated her uterus and her bowel during a procedure when he attempted to remove the fibroids, though the medical devices he used were specifically designed to protect his patient from this sort of personal injury.
When the Defendant realized he had damaged the uterus, he performed an open surgery, and claimed to have inspected the internal organs surrounding the uterus. He failed, however, either to inspect the bowel, or to run tests to ensure that the bowel had not been injured, and failed to call a General Surgeon for assistance. As a result, the Defendant did not find the hole in the patient's bowel. This hole permitted the bowel contents to leak into her abdomen and cause an infection and the need for a colostomy - the re-routing of her intestines through the front of her stomach to a bag - for approximately one year.
After several years of taking depositions of doctors and medical experts, the case proceeded to trial. Following an eight (8) day trial, the jury returned a verdict in favor of our client and against the gynecologist for $200,000.00.
The trial in this case required us to teach twelve (12) jurors, most with little or no medical training, the common sense medical rules for treating a uterine perforation. By emphasizing these rules and breaking down the medical testimony into common, everyday language, the jury was able to understand how the Defendant’s treatment was negligent and resulted in injury to M.B.
With over 70 combined years of legal experience, the medical malpractice attorneys of Lipkin & Apter are available for consult. If you have suffered injuries due to negligence, contact us to schedule a consultation in our office or by phone.