We represented an obstetrician-gynecologist who unknowingly and inadvertently placed a suture in a ureter during a laparoscopic hysterectomy. The injury was not discovered until Plaintiff was seen in the office roughly two weeks later by a different partner. Surgical infection developed 11 days after the ureter repair and the combination of antibiotics caused permanent inner ear imbalance that Plaintiff alleged preclude her from employment. She claimed negligent surgical technique and delay in discovering the injury despite unusual complaints of pain.
Through strong testimony from our client using demonstrative aids, illustrations and video clips of similar surgeries, in addition to strong written expert reports, we were able to prove to the arbitrator that the injury to the ureter, a known complication of the laparoscopic hysterectomy, was not the result of negligence. We also successfully showed that our client followed all normal steps to prevent this known complication and that it was reasonable to consider bowel ileus until the slow-developing urinoma became more apparent. The arbitrator found no negligence.