As Published In
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 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.
Other foreign object cases by this office (and surgical mistake x-rays here)
$1.015M – Manhattan Medical Malpractice- surgical drain left behind – infection – knee fusion
Surgical drain negligently left in the knee of a 79-year old New York woman after a total knee replacement, resulting in infection, multiple surgeries and fusion of the knee.
$450K – Surgical pad negligently left in New York woman
80-year old woman had bowel surgery, with “retained” pad, resulting in infection, ICU care, temporary tracheotomy and severe weakening of an already fragile condition.
$175K – Surgical sponge left at NYU University Medical Center
72-year old New York woman ha bypass surgery, with sponge left behind, necessitating additional surgery to remove it
$125K – Bronx Woman discovers laparotomy left behind after Cesarean section
38-year-old Bronx woman discovers pad left in her abdomen while atJacobi Hospital, discovered two years later.