$2.3 Million Settlement for Negligent Laparoscopic Hysterectomy

Ms. Doe, 41, underwent a laparoscopic hysterectomy that was performed by Dr. Roe, an obstetrician. During the procedure, Dr. Roe discovered that a morcellator was unavailable and that the doctor could not complete the surgery as she had anticipated. A power morcellator is a surgical tool that surgeons use to cut bigger chunks of tissue into smaller ones usually during laparoscopic surgery. Surgeons use this tool mainly in gynecological procedures such as laparoscopic hysterectomy, as in this case.

Dr. Roe then bivalved Ms. Doe’s uterus manually and finished the surgery. Ms. Doe experienced postoperative sepsis and peritonitis.

An exploratory laparotomy revealed that Ms. Doe had a perforated bladder, small intestine, and rectosigmoid colon, as well as an injured urethra. A laparotomy is a surgical procedure with small incisions to the abdominal wall to gain access into the cavity.

Ms. Doe underwent multiple additional surgeries and now has permanent urinary incontinence, necessitating implantation of a bladder pacemaker, and performance of catherizations four to five times per day.

Ms. Doe had worked as a manager of a clothing store earning approximately $50,000 per year. She is no longer able to work.

Ms. Doe’s medical expenses totaled $422,000.

Ms. Doe sued Dr. Roe, alleging that the doctor negligently performed the laparoscopy by lacerating Ms. Doe’s internal organs and choosing not to call for help to repair the damage. During the course of this litigation, Ms. Doe brought an additional lawsuit and claim against Dr. Roe’s insurer for failure to tender Dr. Roe’s liability policy within 30 days as demanded.

Before trial, the parties settled for a total of $2.3 million.

The attorneys successfully handling this tragic case were Steven Snow and Charles Devine Jr.

Doe v. Roe Obstetrician, Confidential Docket.

Kreisman Law Offices has been handling surgical negligence lawsuits, gynecological negligence cases, labor and delivery negligence lawsuits, and nursing home injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Geneva, Elgin, Barrington, Bolingbrook, Orland Park, Tinley Park, South Holland, Blue Island, Cicero, Frankfort, Elmhurst, Elmwood Park, Libertyville, Buffalo Grove, Mundelein, Hoffman Estates, Rosemont, New Lenox, Chicago (Brighton Park, Lower West Side, North Lawndale, Little Village, Austin, Hermosa, Belmont Cragin, Logan Square, Bucktown, Lakeview, Lincoln Park, North Center, Ravenswood, Uptown, Bronzeville, West Rogers Park, Edison Park, Portage Park, Dunning), Harwood Heights, Park Ridge, Melrose Park, Berkeley, Hillside, LaGrange Park, Stickney and Western Springs, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.