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    Legally Speaking: Tubal ligation failure results in wrongful pregnancy claim

     

     

    Retained foreign bodies after alleged robot malfunction

    An Oregon woman had worsening chronic pelvic pain when she went to a gynecologist in 2007 for a sterilization procedure. Five months later she consented to the surgical removal of her right ovary and Fallopian tube, as well as her appendix. The gynecologist performed the surgery using a robotic device. After the procedure, the pathology report stated that the ovary and tube were intact, functioning, and normal. The patient moved to Montana and continued to have pain and sought care there.

    Read: Tracers, counts help in retained foreign body cases

    A CT scan more than 3 years after the robotic procedure revealed that something plastic had been left in the patient’s body. An operation was performed and one full Essure coil, a non-fired coil, a second partial Essure coil, and a laparoscopy sheath were removed. According to the old records, the robotic device had malfunctioned during the original robotic surgery.

    The patient sued the gynecologist who performed the robotic procedure.

    Do we really need the robot?

     

    The verdict

    A $110,513 verdict was returned.

     

    Dawn Collins, JD
    MS COLLINS is an attorney specializing in medical malpractice in Long Beach, California. She welcomes feedback on this column via ...

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