Latest News 2012 September Five Year Old Med Malpractice Case Seeks Jury and $50k in Damages

Five Year Old Med Malpractice Case Seeks Jury and $50k in Damages

As reported by The Record for Madison, St. Clair County, a jury is being selected to hear a five-year old medical malpractice lawsuit, against an obstetrician-gynecologist that allegedly "closed" a patient's surgical site following a hysterectomy without locating the source of her bleeding first.

Plaintiffs M.K. and L.K. are suing Dr. D.P. for knowing that she should have thoroughly inspected the operative area – or should have known that bleeding was ongoing – before closing patient M.K.

As the jurors where interviewed, presiding Judge Lloyd Cueto said, "I have never met a juror who can be fair and impartial on every case. When I ask you if you can be fair and impartial, you are duty-bound to tell the truth. Your job is to judge the credibility of the witnesses and the evidence. This is not a criminal case. This is a civil lawsuit."

Some potential jurors were discharged because they felt they could not be fair and impartial, or had hardships.

On December 13, 2005, according to the lawsuit, M.K. suffered hypotension following a hysterectomy.

The complaint states, "The patient received initial treatment for that hypotension with an infection of ephedrine. That the patient then developed atrial fibrillation and her blood pressure dropped to 54/43 and while all of this was occurring, Dr. (D.P.), believed as indicated in her discharge summary, that the patient was doing well and transferred to the patient to the floor…"

M.K. stated that her internal bleeding was not diagnosed until a St. Joseph's Hospital cardiologist recognized her symptoms and found that she "was in serious difficulty."

Following her new diagnosis, M.K. was moved to Belleville's St. Elisabeth's Hospital.

The lawsuit continues by stating, "That at St. Elizabeth's the patient received life saving care, from a number of doctors, including Dr. (S.), a surgeon, who performed an exploratory surgery. That Dr. (S.) found approximately 1000-1500 ccs of red blood in the plaintiff's abdomen, continued his exploration, and found the cause of the bleeding, which he describes as down in the pelvis anterior to the rectum and posterior to the bladder."

Though her life was spared, according to M.K. complications had already arisen that couldn't be prevented: M.K. suffered with infections, blood loss, loss of oxygen to the brain and to her other organs.

Further claimed in the suit: Dr. D.P. failed in recognizing plaintiff's internal bleeding post-surgery, failed to see the signs and symptoms associated with hypotension and atrial fibrillation.

Damages are sought from Dr. D.P. and Southern Obstetrics and Gynecologic Associates in excess of $50,000 by M.K. An additional $50,00 in damages is sought by L.K. for decrease in society with M.K. and for medical expenses incurred.

Dr. D.P. has acknowledged that she rendered care to M.K. but has denied all allegations of malpractice.

As reported by The Record for Madison, St. Clair County, a jury is being selected to hear a five-year old medical malpractice lawsuit, against an obstetrician-gynecologist that allegedly “closed” a patient’s surgical site following a hysterectomy without locating the source of her bleeding first.

Plaintiffs M.K. and L.K. are suing Dr. D.P. for knowing that she should have thoroughly inspected the operative area – or should have known that bleeding was ongoing – before closing patient M.K.

As the jurors where interviewed, presiding Judge Lloyd Cueto said, “I have never met a juror who can be fair and impartial on every case. When I ask you if you can be fair and impartial, you are duty-bound to tell the truth. Your job is to judge the credibility of the witnesses and the evidence. This is not a criminal case. This is a civil lawsuit.”

Some potential jurors were discharged because they felt they could not be fair and impartial, or had hardships.

On December 13, 2005, according to the lawsuit, M.K. suffered hypotension following a hysterectomy.

The complaint states, “The patient received initial treatment for that hypotension with an infection of ephedrine. That the patient then developed atrial fibrillation and her blood pressure dropped to 54/43 and while all of this was occurring, Dr. (D.P.), believed as indicated in her discharge summary, that the patient was doing well and transferred to the patient to the floor…”

M.K. stated that her internal bleeding was not diagnosed until a St. Joseph’s Hospital cardiologist recognized her symptoms and found that she “was in serious difficulty.”

Following her new diagnosis, M.K. was moved to Belleville’s St. Elisabeth’s Hospital.

The lawsuit continues by stating, “That at St. Elizabeth's the patient received life saving care, from a number of doctors, including Dr. (S.), a surgeon, who performed an exploratory surgery. That Dr. (S.) found approximately 1000-1500 ccs of red blood in the plaintiff's abdomen, continued his exploration, and found the cause of the bleeding, which he describes as down in the pelvis anterior to the rectum and posterior to the bladder.”

Though her life was spared, according to M.K. complications had already arisen that couldn’t be prevented: M.K. suffered with infections, blood loss, loss of oxygen to the brain and to her other organs.

Further claimed in the suit: Dr. D.P. failed in recognizing plaintiff’s internal bleeding post-surgery, failed to see the signs and symptoms associated with hypotension and atrial fibrillation.

Damages are sought from Dr. D.P. and Southern Obstetrics and Gynecologic Associates in excess of $50,000 by M.K. An additional $50,00 in damages is sought by L.K. for decrease in society with M.K. and for medical expenses incurred.

Dr. D.P. has acknowledged that she rendered care to M.K. but has denied all allegations of malpractice.

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