A woman filed a Baltimore medical malpractice lawsuit on June 12, 2015 in the Circuit Court for Baltimore City alleging that the defendant surgeon who performed robotic-assisted surgery on her to remove her right ovary and fallopian tube, which she alleged was unnecessary surgery because she had Stage IV cervical cancer and was morbidly obese at the time, negligently lost a piece of non-biodegradable plastic in her body during the surgery that the defendant surgeon then failed to remove. The Baltimore hospital where the surgery took place is also named as a defendant.
The November 12, 2014 surgery to remove the woman’s benign dermoid cyst (a dermoid cyst is a sac-like growth that may contain hair, teeth, fluid, or skin glands that grows slowly and is not tender unless ruptured; it is present from birth and is usually benign) involved using a surgical robot to remove the mass that the defendant surgeon then intended to place in a plastic bag called an EndoCatch that would be removed through the abdominal incision.
As the surgeons were removing the mass, a portion of the mass broke free and fell into the woman’s abdominal cavity, according to the Baltimore medical malpractice lawsuit. The surgeons then removed the EndoCatch bag that they intended to replace with another EndoCatch bag when they discovered that a plastic piece from the first bag was still in the woman’s abdominal cavity.
As the surgeons removed the remaining mass and attempted to retrieve the piece of the bag that had remained in the woman’s abdomen, they were unable to do so and were also unable to locate the piece of plastic that had broken free.
According to the woman’s Baltimore medical malpractice lawsuit, the surgeons then consulted with the defendant hospital’s attorneys, who advised the surgeons to obtain the consent of the woman’s family to perform exploratory surgeon to locate and remove the lost piece of plastic. The woman’s family declined and the woman was discharged from the defendant hospital the following day.
The woman has experienced chronic sharp abdominal pain since the surgery and probably will need further surgery to remove the plastic from her abdomen, according to the Baltimore malpractice lawsuit.
In a claim not typically found in medical malpractice lawsuits, the plaintiff also alleges intentional misrepresentation and constructive fraud because the defendant surgeon allegedly advised the woman that she needed the invasive surgical procedure to remove the benign dermoid mass for the purpose of generating medical bills for unnecessary medical care and treatment. The plaintiff seeks punitive damages in the amount of $5 million and unspecified compensatory damages as a result.
Source Gale Camela Arrington v. Dr. Abbie Fields, et al., Circuit Court for Baltimore City, Case No. 24-C-15-003108.
If you or a loved one suffered serious injury (or worse) as a result of medical malpractice in Baltimore or elsewhere in Maryland, you should promptly find a Baltimore medical malpractice lawyer (a Maryland medical malpractice lawyer) who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
Turn to us when you don’t know where to turn.