Gynecologist's Surgical Error Leads to Bladder Injury and $1.85 Million Settlement
2025 Medical Malpractice Case Report
By Attorney Adam R. Satin
Plaintiff's lawsuit claims gynegologist was negligent when bladder injury resulted from attempted polypectomy
The plaintiff was a 65-year old woman who underwent a planned hysteroscopy, dilation & curettage, and polypectomy for endometrial polyps. The defendant gynecologist resected tissue she thought was the polyp, but noted that, given its size, she discontinued the procedure without entirely removing it.
While in the recovery area, the plaintiff was found to have persistent vaginal bleeding and was taken back to the OR for an exam under anesthesia. A clear fluid was noted in the vagina which was presumed to be urine and urology was called in to consult.
A cystoscopy was attempted, but quickly an “open” exploratory laparotomy was deemed necessary. The posterior wall of the bladder was examined and an obvious hematoma and a “through and through defect” in the posterior wall was found. The bladder was entered and a moderate-sized perforation through the middle of the posterior bladder wall was found. Further inspection identified a second, large, defect. Primary repair of these bladder injuries was then undertaken. Pathology from the original attempted polypectomy showed tissues that were favored to be urothelium. Endometrial tissue was not seen.
In addition to having to undergo the open exploratory procedure on the bladder perforation was discovered, plaintiff subsequently had to undergo a repeat of the original polypectomy procedure that the defendant did not complete, as well as an incisional hernia repair surgery that was caused as a result of the open exploratory surgery.
Plaintiff was prepared to present a Massachusetts expert in gynecology to opine that the defendant negligently failed to properly identify the anatomy and avoid unnecessary damage to adjacent organs during the procedure. Although the defendant could not explain how the bladder injury happened, she suggested in her deposition that her visibility must have somehow been obscured by the unusually large size of the endometrial polyp. However, plaintiff’s counsel elicited an admission that she removed that very tissue (that she assumed was polyp) that had obscured her view. With that admission, plaintiff’s counsel then rebutted her speculation as to decreased visibility with the pathology results that proved that, in fact, no polyp or uterine tissue had been removed. Thus, she was forced to admit that she must have perforated either the vaginal wall or the uterine wall in order for her instruments to be in a position to injure the bladder. She was unable to conceive of any possible non-negligent manner in which that could happen otherwise.
The case settled for $1,850,000.
Lubin & Meyer attorneys Andrew C. Meyer and Adam R. Satin represented the plaintiff in this medical malpractice lawsuit.
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