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Woman awarded judgment in medical malpractice case

November 30th, 2016
On behalf of David Bowling of The Bowling Christiansen Law Firm, A Professional Law Corporation posted in Surgical Errors on Wednesday, November 30, 2016.

Childbirth is an exciting life-altering experience. Unfortunately, for some Louisiana parents, childbirth does not always go as planned, often overwhelming new moms and dads with the outcome. In anpther state, two new parents were awarded compensation after medical malpractice changed their first and now only childbirth experience.

Five days following a Cesarean section, a 24-year-old woman returned to an emergency room, reporting heavy bleeding. Her white blood test results and her ultrasound indicated she likely had retained products of conception preventing her from properly healing. The doctor on shift determined she would benefit from a dilation and cutterage, also known as a D&C, to resolve her bleeding.

The doctor claims it was explained to the patient that a complete hysterectomy was a possibility if the D&C did not stop her bleeding, and the patient signed a consent that listed a hysterectomy as a possibility. The patient does not recall the conversation, but does remember telling the doctor that she wanted the ability to have more children. After the D&C was performed, the bleeding did not stop, and the doctor removed her uterus. The judge overseeing the case agreed with the prosecution that the patient’s medical record indicated that she was medically stable enough for the doctor to attempt other procedures to take every measure to preserve her ability to have future children.

The judge awarded the couple the maximum amount allowed for medical malpractice in her state, finding that the surgeon was neglectful in providing the appropriate standard of care. The patient and her husband suffered loss of wages, extended recovery and the emotional distress of knowing they will never have any more biological children. Patients who have experienced similar medical malpractice could benefit from speaking with an experienced attorney in Louisiana about options of pursuing claims for compensation.

Source:, “Judge awards max to woman, 24, after hysterectomy“, Kate White, Nov. 26, 2016

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