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No proof bladder, bowel were injured during surgery: defense
Cuyahoga County, Court of Common Pleas
Medical Malpractice – OB-GYN, Surgeon, Surgical Error, Failure to Detect, Gynecological Surgery
Cynthia Robinson v. Fairview Hospital, Cleveland Clinic, Lakewood Women’s Health Association and Habideh Gitiforooz, M.D.,
March 20, 2018
Cynthia Robinson (Female, 40s)
Michael D. Shroge;
Plevin & Gallucci Co., LPA;
Lakewood Women’s Health Association
Stephen E. Walters;
Reminger Co., L.P.A.;
Cleveland Clinic, Fairview Hospital, Habideh Gitiforooz, Lakewood Women’s Health Association ■ Adam J. Davis;
Reminger Co., L.P.A.;
Cleveland Clinic, Fairview Hospital, Habideh Gitiforooz, Lakewood Women’s Health Association
On Nov. 22, 2013, plaintiff Cynthia Robinson, 40s, underwent a robotic-assisted laparoscopic hysterectomy performed by OB/GYN Habideh Gitiforooz, M.D. A second laparoscopic surgery was performed three days later to repair bladder and bowel perforations. Robinson sued Gitiforooz and her practice, Lakewood Women’s Health, as well as Fairview Hospital and Cleveland Clinic, where the surgery was performed. The suit alleged medical malpractice. Robinson alleged that Gitiforooz perforated her bowel and bladder during the surgery and failed to immediately recognize that the injuries had occurred. Robinson argued that Gitiforooz did not properly perform the procedure, lacked the customary and usual skills with regard to a robotic-assisted laparoscopic hysterectomy and should have undertaken a more conservative and time-proven approach. Robinson argued that Lakewood Women’s Health was vicariously liable for Gitiforooz’s actions. The defense contended that Gitiforooz appropriately performed the surgery, there were no violations in the standard of care, bladder and bowel injuries can be a risk of the surgery and Robinson assumed the risk when she agreed to the surgery. The defense maintained the injuries were timely repaired and that Robinson recovered. Moreover, the defense argued there was no proof that the bowel and bladder injuries were caused during the surgery.
Robinson suffered bowel and bladder perforations, allegedly during a robotic-assisted laparoscopic hysterectomy. She required a second surgery for repair of the injuries and sought damages for extended pain and suffering. The defense denied any violations in the standard of care. They did not dispute that a second surgery was required, but denied negligence or that any damages were due or owing.
The jury rendered a defense verdict.
Sharon M. Gallagher
This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to a request for comment.