Alabama.com has reported the story of a woman that was awarded over $100,000 in a medical malpractice suit she had filed against a medical center after enduring two breast surgeries instead of one – because a nurse marked the wrong site prior to
surgery.
K.C., a breast cancer survivor, filed the suit in 2009 naming Trinity Medical Center for its failure in adhering to the Joint Commission Universal Protocol in regards to surgical site marking.
Attorney Francois Blaudeau, in representing the plaintiff, argued that a surgeon – and not a nurse – should have made sure that K.C. was aware of the marking prior to the surgery.
The trial was held in Jefferson County before Circuit Judge Elisabeth A. French.
Leisha Harris, the spokeswoman for Trinity, said in a statement via e-mail, "While the hospital did not prevail in this litigation, we appreciate the service of the jury and its consideration of this case."
K.C. has a history of diabetes and an earlier cancer was removed from her right breast in 2003. She was diagnosed with a complex cyst, on the left breast, in 2007 and went to Trinity's Outpatient Center to have a biopsy of the left breast on July 13, 2007.
After her pre-operative process was complete, K.C. was taken to an operating room and a sedative, Versed, was administered intravenously.
According to the lawsuit Versed is a prescribed medication to sedate, relieve anxiety or used as an anesthesia prior to surgeries or medical procedures.
While a nurse marked K.C.'s left breast, the two had a discussion about the cyst's location in comparison to the marking – and that the mark was off. The nurse told her the mark only identified which breast to biopsy and not the exact location of the cyst.
Then K.C. was then given Propofol, a strong anesthetic administered intravenously.
When K.C. awoke in the recovery room she told hospital staff that the cyst, that was supposed to have been removed during surgery, was still in her left breast.
The plaintiff was then taken back to undergo a second surgery.
Following the surgeries, K.C.'s first surgical site had developed an infection and she was required to begin antibiotics on July 16, 2007.
Five days later K.C. entered the St. Vincent's emergency room due to a significant abscess in her left breast, cellulites and skin necrosis – all again in the original site that was done in error.
K.C., according to the suit, stayed in the hospital for 10 days. During that time she had to suffer through more surgeries and a vacuum assisted closure device was used to help her wounds heal.
According to Blaudeau, the mass that was removed was not cancerous.
Blaudeau said of the award, "Juries are going to hold hospitals accountable for national patient safety protocol."
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