Trial for Negligent Surgery Lack of Informed Consent from Vaagelaw.com

Disposition: (Settlement/Arbitration/Trial)	Trial
Date:	6/16/1992
Type of Case:	Medical Malpractice
Allegation(s):	Negligent Surgery, Lack of Informed Consent
Result:	$131,539
Case Name:	*Weamer v. Samuel C. Hon, MD.*
Facts:
On October 2, 1990, 48-year-old Barbara Weamer, a construction project coordinator, underwent an endoscopic/laparoscopic cholecystectomy (gallbladder removal) performed by defendant, a general surgeon. Defendant punctured the front and back of plaintiff's abdominal aorta while inserting an instrument called a trocar to create an opening for the laparoscope. It was undisputed that defendant had performed this procedure only seven times previously and that he did not so inform plaintiff.
Injury/Injuries:
Plaintiff suffered a puncture of the abdominal aorta and lost 2000 to 2500 cubic centimeters of blood (approximately 1/3 of the total blood volume); and that the repair surgery left a massive raised scar running the length of her abdomen, with future scar revision possible. Medicals to date: $2,400. Future medicals of $15,400. Wage loss of $13,938.
Contentions:
Plaintiff contended that defendant negligently used the trocar device, inserting its full four-inch length at the navel at a 90-degree angle; that this negligence caused the aortic puncture; that defendant did not inform plaintiff of his inexperience with the trocar and performing the laparoscopic procedure; and that if he had so informed her, she would not have undergone the procedure.
Special Notes:
Plaintiff's verdict of $31,539 for economic damages. Plaintiff's verdict of $100,000 for non-economic (emotional distress) damages. < back to Medical Malpractice Case Histories from The Law Offices of Robert Vaage and www.vaagelaw.com