Jury Rejects Claims of Negligence and Informed Consent in Medical Malpractice Case

Obtained a defense verdict on behalf of a surgeon following a two-week trial in a medical malpractice case. The plaintiff, who had a longstanding history of pelvic pain that had not responded to conservative treatment, underwent a total abdominal hysterectomy performed by our doctor, and an elective appendectomy performed by the co-defendant in 2007.  The plaintiff claimed that her informed consent was not secured prior to either procedure and that neither of the procedures was indicated.  She further asserted that, during the course of surgery, she sustained a bladder injury, either as the result of a laceration or due to the erroneous placement of sutures in the bladder during wound closure.  The plaintiff also alleged that the bladder injury caused a vesico-vaginal fistula to develop, which resulted in complications.  The plaintiff underwent a repair of the fistula in 2008 and six months later was released from the care of her urogynecologist. For the next three years, she sought no treatment for any of the conditions alleged in this case, including stress urinary incontinence, overactive bladder, dyspareunia and interstitial cystitis.  We were able to impeach the plaintiff's credibility with respect to a number of issues, including her history of pelvic pain, urinary tract infections and smoking.  The jury rejected the plaintiff's claims and found in favor of our client on both the informed consent and negligence claims.