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Surgical Error Resulted in Additional Surgery and Permanent Urinary Incontinence

A woman recently settled a medical malpractice lawsuit in which she alleged negligence resulted in permanent urinary incontinence.

In 2012, a woman with multiple sclerosis underwent a hysterectomy. She claimed that during surgery the ureter was injured and as a result, a second surgery was required to re-implant the ureter. That surgery, she alleged, caused permanent urinary incontinence. The patient also stated that she would require surgery every four years in order to change batteries in the implant.

The defense disputed any violations in the standard of care and maintained that the patient’s incontinence was due to her pre-existing multiple sclerosis. The patient asserted that her multiple sclerosis was in remission at the time of the hysterectomy and she had not experienced incontinence for years prior to the surgery.

The jury found in favor of the plaintiff; the case settled for $700,000; $500,000 in economic damages and $200,000 non-economic damages.

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