Hysterectomy

Actions for Discussion 3.2: Hysterectomy Locked after Monday,
April 17, 2017 12:00 AM MDT. Must post first. Chapter 8. Scenario
(based on a real Texas case): A woman with pelvic pain eventually
underwent a hysterectomy by her gynecologist, which was successful
and relieved the woman’s pain. However, later the patient
complained of mild incontinence. The patient’s physician found that
she had both herniations of the bladder and the rectum through the
wall of her vagina. Since the patient’s stress incontinence had
progressed, the gynecologist recommended surgery, but she did not
discuss Kegel’s exercises with the patient (which are designed to
strengthen muscles in a woman’s pelvic floor and muscles supporting
the urethra). The surgery was performed and was successful in
correcting the patient’s incontinence and the anatomical defects
that caused it. However, after the surgery, the patient developed
pain in her right leg. A second surgery was performed to release
two sutures which the gynecologist believed might be impinging on
the patient’s obturator nerve and causing the pain. The pain
continued, and a second surgery on the patient’s leg was performed.
The second surgery did not alleviate the patient’s pain despite
referrals to and treatments by several sub-specialists. The pain
and impairment in the patient’s right leg was finally diagnosed as
due to nerve damage as a result of the hysterectomy. The patient
filed suit alleging: (1) the gynecologist negligently failed to
offer the non-surgical option of Kegel’s exercise; (2). The patient
would have chosen and performed the non-surgical option had it been
offered; (3.) the Kegel’s exercises probably would have corrected
the patient’s incontinence without surgery; and (4) the patient’s
nerve damage would have been avoided if the surgery had not been
done. Should the patient win her suit—why or why not? Applying the
elements of negligence, is there any problem with the patient’s
negligence theory? If you were the attorney for the physician, what
would you argue to absolve the physician of liability?