Failure to Diagnose Bowel Perforation in Hysterectomy

Key Takeaways

• Ignored Warning Signs: Despite the patient experiencing excruciating pain and a radiologist noting abnormal amounts of “free air” in her abdomen, the on-call physician failed to properly investigate a potential bowel perforation.
• Critical Weekend Delay: Because the less experienced associate pursued a conservative approach rather than investigating the alarming symptoms, the patient suffered for days until her primary surgeon returned and ordered emergency surgery.
• Substantial Compensation: The client endured a six-week hospitalization, catastrophic abdominal scarring, and recurrent hernias, prompting Warner & Warner to secure a significant confidential settlement at mediation.

Delayed Treatment of Post-Surgical Bowel Perforation

Our client had an elective laparoscopic hysterectomy and was discharged home that day without having passed gas, which can be an early indication of potential bowel perforation. Two days later—on Saturday– she was in excruciating pain so she returned to the hospital and was found to have “free air” in her abdomen that the radiologist felt needed clinical correlation as there was more free air present than would normally be expected after a hysterectomy. Unfortunately, the client’s surgeon was off duty for the weekend, and her less experienced associate did not undertake clinical correlation and continued to pursue the same conservative course of care. When the surgeon returned on Monday, she immediately recognized that the client had a bowel perforation and scheduled emergency surgery for that day.  Thankfully, the client healed over the course of six weeks in the hospital.  She suffered catastrophic scarring on her abdomen and recurrent incisional hernias at the surgery site. The case settled for a substantial confidential amount at mediation.