MEDICAL MELPRACTICE

Patient awarded $200,000 for hysterectomy

A patient who had to undergo a hysterectomy because of a perforated uterus from a prior surgery agreed to a $200,000 settlement on Jan. 26. Enriqueta Montalvo underwent an endometrial ablation on her uterus that was performed by Dr. Rafael DeAyala. The procedure is an outpatient surgical procedure meant to treat the inner lining of the uterus to reduce menstrual bleeding. During the procedure the uterus was perforated and DeAyala performed a hysterectomy. Six days later Montalvo was diagnosed with peritonitis and underwent a second procedure to repair a bowel perforation. Plaintiff's counsel maintained that DeAyala failed to inform Montavlo of less expensive and invasive alternatives to the entrometrial procedure.

Montalvo v. DeAyala, No. 2013-CVT-000279