Facts

Theresa Murray and Andrew Nodine sued Dr. Terry Cole, Community Memorial Hospital, and Community Memorial Health System in connection with a laparoscopic surgical procedure performed by Dr. Cole on Nov. 16, 2011.

PLAINTIFFS' CONTENTIONS:
Murray underwent a laparoscopic, converted to open left ovarian cyst and ovary removal by defendant Dr. Cole, which lead to a perforation of the sigmoid colon. This caused her to suffer from peritonitis and sepsis. Also as a result, she had to undergo corrective surgery as well as a difficult and lengthy recovery. Murray sued defendants for medical malpractice for allegedly failing to properly perform the procedure.

DEFENDANTS' CONTENTIONS:
Dr. Cole contended he had no reason to believe that plaintiff would have had any adhesions in the umbilical area, since the prior surgeries were performed in the upper abdominal area. Dr. Cole's preferred method of surgery via the Veress needle is an accepted method by the obstetrical surgeons in the community, and Dr. Cole had no reason to believe that there was a leak intraoperatively, since he carefully irrigated the abdomen, before completing the surgery. Defendants asserted that the perforation of a sigmoid colon is a known complication of a left oophorectomy. Defendants also claimed that Murray was likely suffering from a diverticulosis at the time of her surgery, which is a long-term condition that can lead to a leak in the large colon. During the surgery, the weakness in Murray's colon caused a postoperative leak, which did not exhibit signs and symptoms until after the surgery, and more prominently on Nov. 19 and 20.

Settlement Discussions

Defendants offered a waiver of costs per CCP 998.

Injuries

Murray claimed peritonitis and sepsis as well as emotional distress from the incident.

Result

Verdict for the defense (12-0). The jury did not find the doctor negligent.

Other Information

FILING DATE: Jan. 10, 2013. EXPERT TESTIMONY: Plaintiff's general surgery expert Dr. Jordan Goodstein testified that Dr. Cole should not have done the surgery laparoscopically, since he knew of her prior extensive surgical history, and should have anticipated adhesions. Dr. Cole should have utilized an accepted alternative method called the Hassan method when operating the procedure, due to prior adhesions, and after attempting the procedure laparoscopically, and then converting it to a laparotomy, he should have detected the leak, by carefully inspecting the site of the laparoscopic entry, near the sigmoid colon. Dr. Goodstein also testified that after detecting the leak, Dr. Cole should have repaired the wound, or consulted with a general surgeon, intraoperatively on November 16, 2011. Dr. Irving Posalski, plaintiff's infectious diseases expert, testified that the symptoms exhibited by Murray within the 12 to 24 hours, subsequent to her surgery by Dr. Cole, invariably indicated that she had suffered a colon perforation during the surgery. Dr. Posalski testified that had Dr. Cole detected the leak and corrected it during the surgery, Murray would not have sustained her injuries, including peritonitis and sepsis, which lead to her lengthy course and stay at the hospital.

Deliberation

three hours

Length

six days