Gorovitz & Borten, P.C.
Attorneys at Law

400 Totten Pond Road, 2nd Floor
Waltham, Massachusetts 02451
Tel: (781) 890-9095
Gynecological Errors
Not every gynecologic complication is the result of an error committed by a
medical provider. Pain, infection and increased bleeding can be expected to  
accompany a gynecologic  surgical procedure without fault of the medical
provider(s). Gynecological errors encompass a breach of the standard of care
by a gynecologist or nurse practitioner providing care to a woman.  Injuries
directly attributable to errors committed by a gynecologist or nurse practitioner
are usually preventable and the direct result of medical malpractice
(negligence). Gynecologic errors can influence the immediate as well as the
long term future of a patient.

New surgical procedures and technological advances require a surgeon to be
fully trained before undertaking to perform a surgical procedure. Each surgical
procedure and the related surgical instruments is associated with a particular
set of complications and errors in its application. Errors committed while
providing gynecologic care to a woman can occur prior to a surgical procedure,
during a surgical procedure or during the postoperative care following a
surgical procedure.

The evaluation of a patient prior to the recommendation to undergo a surgical
procedure is at times as important as the surgical procedure itself.
Identification of relative and absolute contraindications to a particular surgical
procedure is an essential part of the preoperative work-up. The assessment of
the risk/benefit ratio of a given surgical procedure for a particular patient must
always precede the recommendation to undergo a gynecologic surgical
procedure. Gynecologic errors that precede a surgical procedure
(preoperative) include:

  • Failure to screen for early detection of cancer (breast, cervix, ovary,
    endometrium)
  • Delayed diagnosis of  cancer in a woman with specific complaints (breast
    complaints, abnormal uterine bleeding, abdominal pain)
  • Misinterpretation of test results
  • Deficient preoperative evaluation of preexisting conditions (lack of
    preoperative consultation)
  • Failure to obtain adequate informed consent

During a surgical procedure, the surgeon is responsible for his/her own actions
as well as the actions of a surgical assistant. In Massachusetts, physicians in
training (residents and interns) are held to the same standard of care of a fully
trained gynecologist. A gynecologic surgeon should only undertake to perform
a surgical procedure they have been fully trained to carry out without
subjecting a patient to undue risk of complications. Gynecologic errors during a
surgical procedure (intraoperative) include:

  • Performance of unnecessary surgical procedure
  • Unrecognized injury to adjacent organs (ureter, bladder, bowel)
  • Lack of adequate experience with the surgical procedure
  • Inadequate supervision of the surgical team

The responsibility of a gynecologic surgeon does not end at the conclusion of
the surgical procedure. It is equally important for a surgeon to continuously
assess the postoperative recovery of a patient operated on. Early identification
of abnormal healing or postoperative complications is part and parcel of the
surgical operation. Gynecologic errors following a surgical procedure
(postoperative) include:

  • Failure to recognize and/or treat a postoperative infection
  • Failure to recognize and/or treat postoperative bleeding
  • Failure to recognize and/or treat an unrecognized injury at the time of
    surgery (damage to ureter, damage to bowel, damage to urinary bladder)
  • Inappropriate postoperative medication orders (pain control, hormone
    replacement, antibiotic therapy)

Complications associated with a gynecologic surgical procedure may appear
suddenly or may not appear for several hours, days or weeks following an
operation. Prevention, detection and treatment of a surgical complication is the
surgeon’s responsibility.

If you believe that you or your loved one have been injured as a result of a
gynecologic error  that was diagnosable, avoidable and/or preventable, you
may have a valid cause of action. The injury may be the result of a medical
provider's mistake in handling your gynecologic condition and the result of
medical negligence.
Dr. Borten has over 35 years of experience as a
gynecologist to fully evaluate the merits of your potential case. Allow the
medical malpractice attorneys at Gorovitz & Borten help you assert your rights
and get the compensation you deserve.
Contact Information
For a free confidential consultation and receive a response within 24 hours
(when possible), please contact us by phone, fax or e-mail with your question
or concern.

Telephone:  781-890-9095     -     Fax:   781-890-9098
                                                                                          
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