Molly H. Craig Obtains Defense Verdict in One Week Medical Malpractice Trial

President-Elect Molly H. Craig and Jennifer F. Nutter obtained a defense verdict before the Honorable Deadra Jefferson following a one week medical malpractice trial in Charleston County, South Carolina.

The Plaintiff filed a medical malpractice action against her treating gynecologist related to the performance of a laparoscopic assisted vaginal hysterectomy with vaginal vault suspension. During the course of the procedure, the Defendant excised a lesion and inadvertently also cut through several layers of Plaintiff's colon at that time. Two days later, the Defendant received a telephone call from the pathologist advising the sample removed contained evidence of bowel tissue indicating a possible perforation. The Defendant planned to notify the Plaintiff of the complication the following day but she presented to the emergency department with a bowel perforation prior to notification. The Plaintiff alleges the Defendant did not timely notify the Plaintiff of the injury after receiving this information from the pathologist and, as a result, she experienced a colon perforation the following night necessitating repair surgery and an approximately two week hospitalization. The Plaintiff also alleged she was not sufficiently informed to provide informed consent to the procedure and is more likely to experience bowel obstructions and complications in the future.

The defense presented testimony from the Defendant, expert physicians, and two treating surgeons who testified a bowel perforation is a known complication of the Plaintiff's procedure and can occur in absence of medical negligence. Further, the Defendant explained why it was reasonable to exercise his clinical judgment in deciding to wait and notify the Plaintiff of the injury.

The jury deliberated for one hour and fifteen minutes before returning a verdict in favor of the Defendant physician.