Colon perforation

Failure to diagnose colon perforation after hysterectomy. Our client had a routine hysterectomy but shortly thereafter began to develop shortness of breath, and nausea. On the first day after her surgery, she had decreased urine output, and later developed decreased appetite. The shortness of breath worsened, and she was seen in the hospital by the on-call physician, who thought she might have fluid overload.

Her condition developed to include abdominal complaints. It was not until six days after her surgery that a CT scan was done of her abdomen, which showed free air, which would be indicative of a bowel perforation. Exploratory abdominal surgery revealed a jejunal perforation. This had caused the shortness of breath, which was eventually diagnosed as ARDS (Acute Respiratory Distress Syndrome), and required her to be on a ventilator in the ICU. She was not discharged from the hospital until several months later, and remains with major lung problems that have resulted in a significant decrease in her level of activity.

The case was heard by a screening panel which included a retired judge, a lawyer, and a doctor, who decided unanimously in favor of the plaintiff.