The plaintiff underwent a laparoscopic-assisted vaginal hysterectomy performed by the defendant gynecologist.
Following the surgery, the plaintiff experienced incontinence and was diagnosed with a vesicovaginal fistula caused by two sutures inadvertently placed in her bladder.
The parties agreed on damages prior to trial, leaving only the issue of liability.
The court found that the defendant failed to adequately mobilize the bladder during the procedure, leading to the inadvertent suturing.
The court concluded that the placement of the sutures was the result of negligence rather than non-negligent surgical misadventure, and granted judgment for the plaintiff.
