Professional Negligence Law Reporter

Medicine

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Negligent perforation of colon during spinal surgery

July/August 2024

Doe, 63, underwent elective lumbar spinal surgery, which the treating general surgeon described as difficult due to Doe’s body mass index and significant adhesions. The next day, Doe developed hypotension and an increased heart rate. She was administered IV fluids the next day. She also underwent an abdominal CT scan, which showed a thickening of her colon wall, as well as fluid in her intra-abdominal cavity.

On the third postoperative day, Doe experienced altered mental status. She was transferred to an ICU the next day and underwent another abdominal CT scan. This showed continued thickening of her sigmoid colon and leakage of contrast dye. Exploratory surgery revealed stool behind the abdominal cavity and a perforated colon. Doe became septic and later died.

Suit against an undisclosed defendant alleged that the general surgeon had negligently perforated Doe’s sigmoid colon during the first surgery and failed to properly respond to the first CT scan. Had Doe been returned to surgery promptly, her infection would not have worsened, the plaintiff claimed.

The defense argued that Doe had been improving during the postoperative period and never showed clinical signs indicating the need for surgical intervention. The defense also asserted that acute diverticulitis was to blame for Doe’s bowel perforation after the surgery.

The parties settled for $900,000.

Citation: Doe v. Roe, Confidential Dkt. No. (Confidential Jxn., Ct., & Date).

Plaintiff counsel: AAJ members Derrick L. Walker and Malcom P. McConnell, both of Richmond, Va.; and AAJ member Kari J. La Fratta, Charlottesville, Va.