Dismissal – Claims of Medical Malpractice

Plaintiff, a 70 year old female, claimed that she underwent what she believed was a total vaginal hysterectomy with bilateral salpingo oophorectomy.  She claimed that defendant hospital’s employees failed to inform her that only one of her ovaries and tubes were removed.  She underwent a subsequent surgery to remove her remaining ovary and tube.  Ms. Haskins put forth evidence and case law which demonstrated that informed consent and disclosure of surgical outcome was solely the responsibility of the surgeon who was an independent contractor and not an employee or agent of the hospital.  Defendant hospital was dismissed for waiver within four months of filing its Answer.

August 2023