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Jan 2019: Summary Judgment Granted in Claimed Botched Hysterectomy - Suffolk County Supreme Court

January 27, 2020

 

Senior Partner Daniel L. Freidlin was granted summary judgment for our client obstetrician/ gynecologists in Suffolk County Supreme Court. Plaintiff alleged that our three defendant obstetrician/gynecologists negligently performed a hysterectomy and then failed to diagnose a vesicovaginal fistula postoperatively.  After conservative treatment with a pessary failed, plaintiff consented to undergo a vaginal hysterectomy as definitive treatment for a complete uterine prolapse.  Plaintiff developed urinary incontinence over 4 1/2 months after the surgery and was diagnosed with a vesicovaginal fistula which she claimed was due to negligent intraoperative technique.    

 

In our summary judgment motion, we established that the surgical technique utilized during the surgery was appropriate and that there was no evidence of an intraoperative injury.  We argued that vesicovaginal fistula is a known complication of surgery, and that the injury could not have been caused intraoperatively as the plaintiff had multiple normal examinations over the 4 1/2 months before the injury presented.   In granting our motion and dismissing the case, the Court agreed with our position that the plaintiff’s opposition and expert’s opinion was speculative and unsupported by the evidence.

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