The Turkewitz Law Firm, 228 East 45th Street, New York, NY 10017  Phone: (212) 983-5900

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Medical Malpractice — Foreign Object — Broken Scissor Blade Left Behind After Hysterectomy

Settlement: Xxxxxxx and Xxxxxx Roche v. [AHN]; [MA]; "Jane" [H]; "Jane" [W]; [JF], indiv. and [NB], indiv. and d/b/a Prospect Hospital; [JF] and [NB], a partnership d/b/a Prospect Hospital; and Prospect Hospital XXXXX/85

Date of Settlement: 2/14/95

Venue: Bronx Supreme  Court

Plaintiff Attorney: Eric M. Turkewitz, Manhattan

This medical malpractice action settled for $100,000 at the time of jury selection. Plaintiff, age 39, testified at her deposition that on 5/17/83 she underwent a hysterectomy, by vaginal approach, performed by Defendant Dr. [AHN] at Defendant's hospital, for a prolapsed uterus. Plaintiff was involved in a motor vehicle accident 16 months later and presented to Bronx-Lebanon Hospital for precautionary hip X-rays. Plaintiff testified that she was told at that time that she had a broken surgical scissor blade inside her. A laparotomy was performed and the broken instrument was removed.

Defendants would have argued that the nurses correctly counted the instruments at the time of the surgery and that the broken blade must have come from an exploratory laparotomy that a prior, and unrelated, medical record noted in the history section of the chart. Plaintiff denied that she ever had any other abdominal surgeries despite these chart entries. The hospitalization on which the procedure was noted was an admission for a stab wound and a head injury. Plaintiff would have contended that this was an erroneous entry. During the hospitalization for the hysterectomy, there was no mention of any prior exploratory laparotomy nor any mention of any surgical scars of any kind.

Note: This case had been delayed for years due to a stay in effect from the bankruptcy court regarding Prospect Hospital.