Unusual Complication of Surgery

April 6, 2015

Issue:

The patient sustained a through-and-through laceration of her bladder during an otherwise routine cesarean section which gave rise to complications for over a year following surgery.

Our Approach:

To prevail at trial notwithstanding that our client and expert witnesses acknowledged that the patient sustained a very rare and significant complication of the cesarean section, we used detailed diagrams to demonstrate that our client’s operative technique would have in almost all instances kept the bladder out of the operative field, but in this rare instance, the bladder had become so distorted that a surgeon would not reasonably be expected to appreciate that the tissue appearing in the operative field was, in fact, bladder rather than a normal operative site for a cesarean section. We emphasized in closing argument that injury to an unintended organ during surgery is a known complication of any surgical procedure and urged the jury to consider the jury instruction that a physician is not negligent solely because of an unexpected outcome.

Result:

Verdict in favor of our clients.

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