 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dudek v. St. John's Hospital6/11/2002
UNPUBLISHED
Plaintiff appeals as of right from a judgment granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(7) based on the trial court's finding that the action was time-barred under the applicable statutes of limitations. We affirm.
I. Basic Facts and Procedural History
On January 8, 1998, a medical instrument called a trocar was discovered inside plaintiff 's abdomen by Dr. Lenna Dines during an exploratory laparotomy, which was a surgery undertaken to identify the cause of abdominal pain suffered by plaintiff. The operative report concerning the surgery provided, in relevant part:
On reaching the fascia there was noted to be a plastic foreign body in the midline which is protruding through the fascia. Dissection is undertaken about this to remove this foreign body. This foreign body is plastic and appears to be a tube. It protrudes through the fascia in what appears to be an area of a previous trocar placement from laparoscopic surgery. This area is excised as is the scar tissue and fibrous tissue that had surrounded the foreign body. After excision of this, the fascia is incised transversely.
*
The patient was transferred to the Post-Anesthesia Care Unit in stable and satisfactory condition. Specimens were sent to Pathology. These specimens included the area of staples that had been removed. The foreign body that was removed from the fascia was also sent.
Plaintiff testified at her deposition that Dr. Dines had indicated to her shortly after the January 8, 1998 surgery that the foreign object had probably been left behind during a previous gallbladder surgery, which surgery was performed by Dr. Donn Schroder on February 27, 1996. An operative report concerning the gallbladder surgery was never produced for plaintiff, her counsel, or her expert to observe and evaluate. According to plaintiff, she has undergone seven laparoscopic procedures since 1991.
Plaintiff filed a medical malpractice action against defendant and Dr. Schroder on December 8, 1998, in the Wayne Circuit Court. The complaint alleged that a foreign object was left in plaintiff 's abdomen during the 1996 surgery in which plaintiff 's gallbladder was removed. The complaint further alleged that Dr. Schroder breached the standard of medical care by failing to remove the foreign object and by failing to inform plaintiff that a foreign object had remained in her body. Plaintiff additionally alleged a count of fraud based on the assertion that Dr. Schroder fraudulently represented to plaintiff that the surgery was "uneventful," and based on the assertion that Dr. Schroder knew a foreign object remained in plaintiff 's body.
On September 22, 1999, Dr. Schroder was deposed, and he indicated that although there was no operative report, he recalled the 1996 gallbladder surgery and that it went very smoothly without any problems. Dr. Schroder described the surgery, and a transcript of Dr. Schroder's deposition was provided to plaintiff's medical expert. Based on Dr. Schroder's description of the surgery and the location of the incisions, plaintiff 's expert determined that the foreign object could not have been left behind during the gallbladder surgery.
Plaintiff 's expert then opined that the foreign object was most likely left behind during a laparoscopic procedure performed by Dr. Thomas Hartzell on November 8, 1995, which procedure was undertaken after plaintiff had complained of severe lower abdominal pain. On January 12, 2000, plaintiff filed a motion for leave to amend the complaint, arguing that based on additional information obtained through discovery, it was possible that the fo
Page 1 2 3 4 5 6 7 Michigan Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|