Professional Negligence Law Reporter

Yahaira Perez, 39, experienced pain in her right upper quadrant. She went to a hospital ER, where a CT scan revealed thickening of the colon and an incidental finding of an enlarged cervix with a 2.5-cm lesion. Perez consulted her gynecologist, Mohammad Nizam, who scheduled her for emergency surgery to remove her cervix. Postoperatively, the cervical pathology showed that Perez suffered from chronic cervicitis and a cyst, not cancer. As a result of the surgery, Perez suffered nerve damage and pelvic prolapse.

She sued Nizam, alleging lack of informed consent and unnecessary surgery. The plaintiff asserted that the defendant had failed to perform conservative tests to evaluate the cervix and should have referred her to a gastroenterologist. The plaintiff did not claim lost income.

The jury awarded $1.7 million. The parties later settled for $1.3 million.

Citation: Perez v. Nizam, No. 711077/16 (N.Y. Sup. Ct. Queens Cty. June 28, 2022).

Plaintiff counsel: AAJ member Susan Dennehy, New York City.

Plaintiff expert: Gary Goldman, gynecology, New York City.

Defense expert: Benjamin Schwartz, gynecological oncology, Brightwaters, N.Y.