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    Legally Speaking: Claim of failure to test for cystic fibrosis


    Depression from uterine wall perforation

    A 48-year-old Arizona woman was seen by her primary care physician, who performed a pap test that came back with abnormal results. She was referred to a gynecologist, who recommended a colposcopy, which revealed abnormal cells in the cervix and severe dysplasia. The gynecologist recommended surgery, which was scheduled for a month later. During the procedure the woman’s cervix was removed and her uterus was punctured and repaired. She claimed she suffers depression as a result.

    The woman sued the gynecologist and alleged that despite the doctor’s assertion that the operation was needed immediately, no one from her office contacted the patient, and the patient herself contacted the office to schedule the surgery and it was not performed for over a month after the recommendation.

    The gynecologist argued that there was no departure from the standard of care, uterine perforation is a known complication and was managed appropriately, and that 9 weeks after the operation the patient returned to work and had no complaints for more than a year afterward.



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