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$300,000 Settlement for Victim of Severed Left Ureter

$300,000 Settlement for Victim of Severed Left Ureter

Date: April 24th, 2013

Attorneys: James C. Lewis and Mark F.

Staff: Danell C. Paralegal: Melissa K.- Legal Assistant

What Happened: The plaintiff who was 39 years old went to see her gynecologist because she was having pain in her abdomen and it seemed swollen to her.  The gynecologist ordered a CT scan which revealed a uterus that the gynecologist felt needed to be removed.  She planned a total abdominal hysterectomy and the procedure was performed.  During the procedure, the gynecologist cut the plaintiff’s left ureter which is the tube that connects the left kidney to the bladder without knowing she had done so. 

The plaintiff was sent home and returned approximately 13 days after her surgery complaining of nausea, vomiting and the inability to void.  A repeat CT scan confirmed the presence of liquid in the plaintiff’s abdomen and a swollen left kidney.  Once it was figured out that the plaintiff’s left ureter was cut a needle and tube was placed through her back into her left kidney to allow it to drain.  This remained in the plaintiff’s back for three months (known as a nephrostomy tube and bag).  At the end of this three month period a large surgery was performed and the plaintiff’s left ureter was put back into her bladder so that normal urine flow would resume.

Legal Strategy: 

Our legal team conducted research on the applicable medical practice standards of care regarding total abdominal hysterectomies and ultimately retained three separate gynecology experts who provided opinions that the medical standards of care had been violated by the defendant.  Once the litigation was begun, numerous depositions were conducted of the parties and other medical personnel along with some expert witness depositions.

 

Outcome:           

The plaintiff’s three medical experts generally asserted that based upon her medical history and presentation there was no good excuse for the defendant to have cut the plaintiff’s left ureter.

The defendant and her insurance company denied any violation of medical standards of care.  However, ultimately the case was settled.  The case settled for $300,000.00.  Further details of the case and the parties involved remain sealed under a confidentiality agreement.

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