Ureter Severed During Hysterectomy

plaintiff, 35 years old, w/ history of removed uterus in 2010, had open laparotomy  in Feb. 2015 to remove fallopian tubes and ovaries. Surgery complicated by extensive adhesions and plaintiff’s morbid obesity. Plaintiff’s left ureter was severed in the surgery, but was not discovered before closing additional reading. After 2 months of abdominal pain, a CT scan and 2nd surgery determined that ureter was severed, and a 3rd surgery was scheduled for ureter repair. Ultimately, ureter repair was successful.

Issue: Was it malpractice to sever plaintiff’s ureter during hysterectomy procedure? or was it malpractice to fail to discover the injury to her ureter before closing, exposing her to  months of discomfort and a second surgery?

medQuest Expert Responses:

If a ureter is severed during the surgery,  it should be discovered during the surgery, especially if there were extensive adhesions. Failing to do so was a deviation. Why did the doctors wait to do a CT scan for two months if the patient complained of pain for two months? DR VB – GYN

Malpractice not to recognize and have it repaired at the initial surgery. Dr RL – GYN