Malpractice Consult

Other cases discussed in this installment of "Malpractice Consult" include chronic testicular pain following vasectomy and a claim that a spinal tumor should have been found during treatment for post-vasectomy urinary problems.

In malpractice cases that involve the occurrence of a known complication during a procedure, the issues usually raised are informed consent for the procedure and the timely recognition and appropriate treatment of the complication.

Other cases discussed in this edition of "Malpractice Consult" include cecum perforated during prostatectomy, injections fail to improve Peyronie's disease, and dementia diagnosis blamed on urologic procedure.

In the lawsuit, the urologist contended the circumcision was properly performed and the patient’s curvature was due to a previously asymptomatic Peyronie’s condition, which was exacerbated after the circumcision procedure.

A lawsuit was filed against both the urologist and the radiologist involved in the treatment of the kidney stone, claiming that he was not informed of the abnormality on the left kidney noted on the CT scan and the recommendation for follow-up.

In the lawsuit, the physician was accused of not timely responding to the information that there was no urine returned after catheterization.

In this case, the patient tried to keep the observing urologist in the case as another source of payment by claiming a physician-patient relationship existed, thus establishing he had a legal duty to ensure the care was within the accepted standard.

During the trial, the defense was able to put forth the claim that the perforations did not occur during the operation.

In this case, the woman claimed her damages from the negligent nerve injury included pain and weakness in her legs and a second operation to replace the sling.

The usual claim against a manufacturer in a product liability case is that the product is defective, either as designed or as manufactured, or that there was a failure to warn of something known about the product.

A delayed diagnosis leads to gangrene and legal issues.