Immediate Past President Molly H. Craig, Partner at Hood Law Firm LLC, obtained a defense verdict before the Honorable Kristi Lea Harrington following a one week medical malpractice trial in Beaufort County, South Carolina.
Plaintiffs alleged medical malpractice during a robotic laparoscopic hysterectomy surgery which was performed by the Plaintiff's gynecologist. The surgery was performed on the DaVinci robotic laparoscope. During the hysterectomy surgery, the Defendant doctor transected the Plaintiff’s left ureter in two different places. The injuries were not recognized until five days after the surgery requiring multiple surgeries to repair the injured ureter and address additional resulting damage. The subsequent care required an uretal implantation with a psoas hitch and other medical procedures. The Plaintiff also alleged ongoing medical problems related to the ureter injury requiring future surgeries and continued pain.
The defense presented testimony from the Defendant, expert physicians, and treating physicians who testified that a ureter injury is a known complication of a laparoscopic hysterectomy that can occur in the absence of medical negligence. The Defendants also proved that the injury diagnosed five days following the surgery was timely and recognition of the injury within this timeframe was within the standard of care. Additionally, the defense proved that the Plaintiff’s ongoing complaints of painful urination and pain during sexual intercourse, anxiety, and depression were caused by medical conditions unrelated to the ureter injury.
The jury returned a verdict in favor of the Defendant physician and his practice.