Plaintiff alleged that the defendant obstetrician-gynecologist failed to advise her that she was still pregnant and failed to properly follow up with plaintiff following a dilation and curettage ("D&C") procedure.
Plaintiff presented to the emergency room with severe abdominal pain, bleeding and fever. Tests revealed that she was pregnant but apparently miscarrying. Plaintiff was taken to surgery where doctors found pelvic inflammatory disease and performed an appendectomy and D&C procedure. Seven months later, plaintiff gave birth to a healthy, but unwanted child.
The defense successfully argued that the D&C procedure was not intended to terminate a viable pregnancy; rather, the procedure was performed to treat plaintiff's pelvic inflammatory disease and remove remnants of a septic miscarriage.
The defense further argued that plaintiff's failure to follow physicians' instructions to timely follow-up was the sole proximate cause of any purported injury.
The jury returned the defense verdict after only 2.5 hours of deliberation, inclusive of lunch.