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    Damage from ureteral stent results in $8.5 million verdict

    Plaintiff alleges lack of consent for fellow’s participation in operation


    Penile pain following cystoscopy

    A New Jersey man in his 40s underwent a cystoscopy to examine his urethra and bladder lining. Following the procedure, the patient allegedly experienced pain and inflammation in his penis and was diagnosed with an allergic reaction.

    Read: How incidental radiology findings can lead to malpractice litigation

    The man sued those involved with the cystoscopy and claimed they all failed to properly clean the equipment and that failure led to his allergic reaction.

    The defendants denied any deviation from the standard of care and maintained the allergic reaction the patient had could not have been foreseen. After deliberating 5 hours at the conclusion of a 13-day trial, a defense verdict was returned.

    Failure to diagnose kidney obstruction alleged

    A 43-year-old Massachusetts man presented to the ER with severe flank pain, where he was diagnosed with a possible kidney stone and referred to a urologist. The urologist determined the patient’s computed tomography scan showed a possible ureteropelvic obstruction. He decided to monitor the patient’s creatinine levels and order a kidney function study if the creatinine levels did not improve. He also recommended the patient consult with a nephrologist.

    The next month, the patient returned for a follow-up visit and the creatinine levels had improved but were still elevated. The next month, the patient saw the nephrologist, who also noted the abnormal creatinine levels, gave him orders for another lab test, and advised that he would call the patient with the results.

    Sometime in the next 2 months, the patient had the lab work done. Three weeks later, the nephrologist left a message for the patient stating that he needed to present to the ER immediately for further tests. A CT of the abdomen was done and revealed a ureteropelvic junction obstruction. A blockage was confirmed and the patient underwent surgery to remove the obstruction, leaving him with only 10% of his kidney function.

    The man sued the urologist, the urologist’s group, and the nephrologist and alleged they failed to diagnose the kidney obstruction and order further testing in a timely manner, which would have saved more of the kidney function.

    Also see: Severe pain after male sling implantation results in lawsuit

    The defense asserted they did not violate the standard of care, arguing that the patient had some responsibility for not following orders for tests in a timely manner and also that he saw a non-party internist during the time in question who detected the blockage and instructed the patient to follow up with his urologist immediately, which he did not do. After deliberating 6 hours, a $150,000 verdict was returned.

    Next: Death following stent placement

    Dawn Collins, JD
    MS COLLINS is an attorney specializing in medical malpractice in Long Beach, California. She welcomes feedback on this column via ...


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