New York Medical Malpractice Attorneys

$500,000-Abortion -Uterine laceration - Hysterectomy and left salpingo-oophorectomy

Fitzgerald & Fitzgerald Case 92721A

Medical Malpractice

Abortion - Salpingo Oophorectomy and Hysterectomy

Settlement: $500,000

Facts and Claim of Liability:    

This $500,000 settlement was for a 29-year old woman who required a hysterectomy and left salpingo-oophorectomy after Deft. lacerated her uterus during an abortion. On 3/9/91, Pltf. presented to Deft. for an abortion. She claimed that he did not perform either a urine pregnancy test or a sonogram. After an internal vaginal examination, Deft. found that the pregnancy might be later than the 11-week gestation as calculated by the date of Pltf’s last menstrual period. His office was not equipped for a 2-day dilation and evacuation procedure necessary for second trimester pregnancies, but he agreed to perform a dilation and curettage procedure for an additional fee.  Deft. began the dilation and suction curettage under general anesthesia.  During the procedure, he perforated the uterus and stopped the surgery. He then attempted a dilation and evacuation to remove significant retained fetal parts.  Pltf. was transferred by ambulance to a hospital where surgeons performed a laparotomy and found a 10 cm laceration in the uterus. They then performed a supracervical hysterectomy and left salpingo-oophorectomy.  Fetal parts removed from the abdomen were found to be consistent with a 14-week gestation.