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Hysterectomy Case Law
What could go wrong with hysterectomy? Many things. Oftentimes what goes wrong doesn't even become evident until 5, 10, 15 years later as the patient continually works through bladder infections, sexual dysfunction, heart disease, osteoporosis, prolapse, weight gain, etc. But, by then, it's too late to even make a claim of disability through Social Security. "When did the CURRENT problem begin?" the courts ask. No one, and I do mean NO ONE, is correlating these complaint cases to the original onset of problems.....hysterectomy. Is there a correlation? Who knows for sure? There isn't any long term research to say one way or the other. But reading these case files is a huge eye opener to the potential for long term outcome from hysterectomy.
Another issue is blatant malpractice. Oftentimes the result of lack of informed consent but sometimes due to sheer negligence.
In addition to long term outcome and malpractice, it would seem that many women have difficulty with the issue of "pre-existing condition" and medical benefits coverage. So, provided in the list below you'll find court cases detailing many denials for insurance coverage. They're provided to give you a closer look at this issue and simply get you to thinking about the costs this presents to society when insurance providers invoke their "pre-existing condition" clause and refuse medical coverage. If you know of case files related to hysterectomy or the issue of "informed consent" available online, email me so that I can place them in the table below.
|
State
|
Year/Ruling
|
Case
(Plaintiff v Defendant)
|
| Alabama | 1995 Plaintiff |
Nancy H. MARECEK v BELLSOUTH SERVICES, INC., a corporation, BellSouth Services Sickness and Accident Disability Plan, BellSouth Services, Inc., as Administrator for BellSouth Services Sickness and Accident Disability Plan, BellSouth Services Employee Assistance Program, BellSouth Services, Inc., as Administrator for BellSouth Services Employee Assistance Program Disability following hysterectomy. caselaw.findlaw.com/scripts/ |
| Alaska | ||
| Arizona | ||
| Arkansas |
1998 |
Joyce Holland v.
Kenneth S. Apfel, Social Security Administration
caselaw.findlaw.com/scripts/ |
| 1998 Defendant |
Sherrie A. Farley v. Arkansas Blue Cross and Blue Shield Pre-existing condition. Denial of benefits for hysterectomy. caselaw.findlaw.com/scripts/ |
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| California | ||
| Colorado | ||
| Connecticut | ||
| Delaware | ||
| District of Columbia | ||
| Florida | ||
| Georgia | ||
| Hawaii | ||
| Idaho | ||
| Illinois | Julie Ramson obtained another not guilty verdict in a medical malpractice jury trial in Cook County Circuit Court following a two-week trial. The plaintiff claimed she developed an infection following a C-section resulting in a hysterectomy. The defendants established that she did not have an infection when she was discharged from the hospital and any infection which subsequently developed was a normal risk of her procedure. | |
| Indiana | ||
| Iowa | ||
| Kansas | ||
| Kentucky | ||
| Louisiana | ||
| Maine | ||
| Maryland | ||
| Massachusetts | ||
| Michigan | ||
| Minnesota | ||
| Mississippi | ||
| Missouri | 1997 Plaintiff |
Verla J. Trossauer v Shirley S. Chater, Commissioner of Social Security Severe bladder infections and incontinence many years after a hysterectomy -- even after surgery to repair the problem. She finally had her bladder removed. Social Security denied benefits indicating plaintiff was not disabled. Hysterectomy was done in 1958 and problems with bladder began in 1970s. caselaw.findlaw.com/scripts/ |
| Montana | ||
| Nebraska | 1996 Defendant |
Gary Kipp, individually and as Personal Representative on behalf of the Estate of Cheryl D. Kipp v United States of America; The United States Air Force; The United States Army; The Armed Services Whole Blood Processing Lab Mother died subsequent to blood transfusion during hysterectomy due to AIDS. Hysterectomy performed in 1985, death in 1989. Plaintiff was unable to prove causation. caselaw.findlaw.com/scripts/ |
| Nevada | ||
| New Hampshire | ||
| New Jersey | ||
| New Mexico | ||
| New York | Pulmonary Embolism (1.4M) Failure to diagnose pulmonary embolism - wrongful death - $1,400,000. In this matter the law firm of Bonina & Bonina achieved a $1.4 million settlement on behalf of the husband and child of a woman who died as a result of a failure to diagnose a pulmonary embolism in the hospital after she had a hysterectomy. | |
| North Carolina | ||
| North Dakota | 1997 Defendant |
Shirley Ann Klisch, Gary Klisch v MeritCare Medical Group, Inc., formerly known as Fargo Clinic MeritCare Medical malpractice involving tubal sterilization and hysterectomy. Bowel injury as "common" following hysterectomy and not due to negligence. "[m]edical negligence (malpractice), by definition, is the failure to treat a patient in accordance with proper accepted medical practice, resulting in harm to the patient." 1 Circuit Judge out of the 3 dissented indicating he would remand for retrial. caselaw.findlaw.com/scripts/ |
| Ohio | ||
| Oklahoma | 1997 Defendant |
Juanita A. Minnick v Kenneth S. Apfel, Commissioner, Social Security Administration Social Security benefits for disability claim. Too many progressively worse medical complications to list them all. Denial based on date of onset of problems in relationship to eligibility for benefits. caselaw.findlaw.com/scripts/ |
| Oregon | 1992 Plaintiff |
Zacher v. Petty, 312 Or 60 (1992) Procedure to Obtain Informed Consent of Patient; details hysterectomy lawsuit where the patient won due to lack of being presented appropriate information on alternative (lesser invasive) treatments to hysterectomy. www.ipns.com/danielrs/TipsPages/Med%20Mal/MedMal%20Chapters/12Informed.html#Anchor-Zacher-48481 |
| Pennsylvania | 1997 Plaintiff |
Roberta M. Davis v. David H. Hoffman, M.D., Susan B. Puchini, R.N., and The Reading Hospital Case involves 'informed consent.' www.paed.uscourts.gov/ Informed Consent for Medical Procedures in Pennsylvania: library.lp.findlaw.com/scripts/getfile.pl?file=/articles/mfxgapc/mfxgapc000012.html |
| Puerto Rico | 1998 Defendant |
Barbara Arnold and Terra Turner v. Fernanado J. Montilla and Pavia Hospital Medical Malpractice. Statue of Limitations dismissal. caselaw.findlaw.com/scripts/ |
| Rhode Island | ||
| South Carolina | ||
| South Dakota | ||
| Tennessee | ||
| Texas | ||
| Utah | ||
| Vermont | ||
| Virginia | ||
| Washington | 1991 Defendant |
Sandra L. Eley v. Boeing Company; King County Medical Blue Shield Pre-existing condition (cervical cancer as found on PAP test). Denial of benefits for hysterectomy. caselaw.findlaw.com/scripts/ |
| West Virginia | ||
| Wisconsin | ||
| Wyoming |
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This page last updated Saturday, February 02, 2002