Barton Gilman attorneys obtain med-mal defense verdict

PROVIDENCE (Dec. 2, 2014) – Angela L. Carr and Jenna R. Pingitore recently obtained a jury verdict in favor of an obstetrician-gynecologist in a medical malpractice case filed in connection with a perforation that occurred during a postpartum surgical procedure.

A Massachusetts Superior Court jury sitting in Bristol County took less than two hours following a six-day trial to find that the physician appropriately performed a postpartum dilatation and curettage (D & C). The D & C was undertaken in response to the plaintiff’s complaints of bleeding and cramping, as well as an ultrasound showing possible retained products of conception following a delivery two weeks earlier.

During the course of the D & C, a perforation of the uterus occurred, which necessitated a subsequent surgery to repair. However, perforation is a known risk of a D & C, and can occur without any negligence on the part of the surgeon.

Evidence presented at trial showed that the obstetrician-gynecologist informed the plaintiff of the risks associated with a D & C, properly examined the woman’s uterus at the outset of the procedure, used ultrasound guidance to assist her in conducting the procedure, and timely responded to information in a pathology report suggesting a possible perforation.

Carr and Pingitore also introduced evidence of the plaintiff’s extensive use of social media, including Twitter and Facebook, which included comments about the pending lawsuit.

“The evidence clearly showed that our client is a caring and conscientious physician, and that she met the standard of care in performing the D & C,” said Carr. “We are pleased that the jury concluded that the doctor took all appropriate precautions to prevent a possible complication, and that she timely and appropriately responded after learning a perforation may have occurred.”

About Barton Gilman

Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence, and maintains a leading medical malpractice defense trial practice. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News named the firm as one of Rhode Island’s Best Places to Work in 2014.