Personal Injury Law

Victim of Electrosurgery Burn Can Pursue Malpractice Claim

By Steven M. Levin and John J. Perconti

Outpatient Surgery News reported recently on developments in a malpractice lawsuit following a burn caused during a hysterectomy.

The female victim visited the Hurley Medical Center in 2005 to have a hysterectomy performed. She awoke from the procedure with a bandage on her right forearm. Underneath the bandage the she and her husband found a massive burn. When asked, a nurse called the wound an ?open blister.? She explained that it was a ?Bovie burn? resulting from the surgical staff?s failure to use a grounding pad on the patient?s leg during the procedure. The forearm injury should have been avoided as all medical professionals? have a duty to prevent electrosurgical burns.

The lawsuit was filed shortly after the incident seeking vindication for the facility?s negligence. Specifically, the medical personnel should have properly monitored the equipment used in the procedure that could have caused burns on parts of the patient bodies not associated with the specific procedure.

The hospital attempted to kick the lawsuit out of court because of technical arguments about how the lawsuit was labeled and how standards of care were described. However, an appeals court recently allowed the suit to continue, rejecting most of the defendant?s claims. The woman is now one step closer to getting her day in court to share her story with a jury.

Full post as published by Illinois Medical Malpractice Blog on December 31, 2010 (boomark / email).