Our client was a retired police officer in Newport News, Virginia (VA) who went to her obstetrician/gynecologist due to abdominal pain. The OB/GYN evaluated her, ran some tests including X‑ray, ultrasound and CT scanning, and told her she needed to have a hysterectomy. This procedure involves the surgical removal of the uterus and ovaries.
The OB/GYN performed the procedure laparoscopically thereby avoiding having to make a large abdominal incision. The problem with laparoscopy is that the ability to see the operative field is somewhat limited. The OB/GYN negligently severed our client's ureter during the operation and did not realize he had done so. As our client got sicker, it was determined that her ureter was injured and numerous surgical procedures were required to correct this injury.
Click below for more information on ureter injuries that may occur during a hysterectomy procedure:
Our client did not suffer any lost wages because she was retired. She had medical expenses of approximately $100,000.00.
KEY LEGAL STRATEGY:
The most important development in the case was establishing that a very simple and inexpensive test was available to the obstetrician gynecologist to determine whether he had inflicted an injury to the client's uterer during the procedure which he chose not to perform.
The doctor's insurance company agreed to pay our client $400,000.00 to resolve her case which she accepted.
James C. Lewis; Melissa Kelly, legal assistant; Denell Falzon paralegal.