Gynecology Malpractice
Before you focus on what happened in the operation, you must focus on the question: Was the operation even indicated?
The most common operation is a hysterectomy, the surgical removal of the uterus. But this operation is usually done to control heavy menstrual bleeding which continued to be a problem for the patient, including with so much blood loss that the patient became anemic. If the patient does not respond to hormonal therapy, such as birth control pills, then the dilatation and curettage, D and C operation is done to scrape out the lining of uterus to allow it to resume its normal cycle, and to examine what was in the lining of the uterus to be sure was not endometrial carcinoma, cancer of the lining of the uterus.
If the patient was rushed into the hysterectomy operation without more conservative therapy being attempted, then that would be a departure from the accepted standards of care, and any complication would be a measure of damages.
In performing the abdominal hysterectomy, it is essential that the surgeon identify each uteter, which are these two muscular straw sized tubes bringing urine from each kidney into the bladder. They have a whitish-tan color. If the surgeon pinches it, they can see the ureter contract, because of its inherent muscular, wave-like (peristaltic) action pushing urine downstream.
If the patient had previous pelvic surgery or pelvic infections, then in anticipation of excessive scar tissue, the standard of care would be to have a urologist insert a tube up each ureter so that the surgeon can feel the hard plastic tube within the ureter for greater safe identification guidance.
It is essential that each ureter be identified so that it is not inadvertently tied shut in a suture, or cut into. This negligent complication can cause irreversible kidney damage, especially if this is not recognized within a few days because with a blocked ureter the patient would be complaining of significant pain on one side of their mid-back, where each kidney will be located adjacent to the spine. That localized one-sided pain demands a kidney x-ray study (intravenous pyelogram: IVP).