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    Legally Speaking: Tubal ligation failure results in wrongful pregnancy claim

     

    Claim that abdominal hysterectomy resulted in disfigurement

    A 51-year-old Kentucky woman began treatment with a gynecologist in 2006 due to a prolapsed bladder. Conservative treatment was undertaken for a few months with no improvement, and a surgical approach was discussed. The patient later claimed she had wanted a vaginal procedure so she could return to work quickly, but the doctor persuaded her to undergo abdominal surgery by offering her an abdominoplasty. The physician denied that she offered a tummy tuck or that she even performed one. The operation was a hysterectomy, but the patient claimed it did not repair the bladder and rectal prolapse. The patient underwent 4 repair operations, including a repeat tummy tuck.

    The patient sued the gynecologist and claimed that she had a disfigured abdomen and that the doctor was not licensed or credentialed to perform a tummy tuck.

    The physician maintained that the operations were properly performed, that she did repair the bladder prolapse, and that the rectal prolapse was not repaired because it was asymptomatic at the time.

    The patient countered the doctor’s argument that she had never performed a tummy tuck with testimony from a former patient who claimed that she had undergone the procedure by the doctor with resulting disfigurement.

    The verdict

    A verdict was returned in favor of the gynecologist.

     

    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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