Case Examples

Surgical Error – Improperly Performed Laparoscopic Surgery: Stout v. Ascension Providence Rochester Hospital et al.
Sommers Schwartz attorney Robert Sickels filed a surgical malpractice lawsuit on behalf of a 70-year-old man who suffered severe complications after gallbladder surgery.  According to the complaint, the plaintiff ...
  • $225,000 Medical Malpractice Settlement for Failure to Diagnose and Treat Testicular Torsion Causing Partial Castration

Sommers Schwartz attorney Kenneth Watkins negotiated a confidential $225,000 medical malpractice settlement for a 16-year-old male who suffered partial castration due to the defendant’s missed diagnosis of testicular torsion.

The plaintiff presented to the defendant hospital complaining of sudden, acute, sharp, and constant pain in his right testicle, as well as nausea and vomiting. The defendants administered IV morphine and performed an open book maneuver, but the procedure failed. The defendants also performed a scrotal/testicular sonogram, revealing decreased blood flow to the plaintiff’s right testicle.

Testicular torsion—a twisting of the spermatic cord considered an emergency condition—should not have been ruled out, but the technologist made no note and assured the plaintiff there was no evidence of it. Instead, the patient was discharged with a diagnosis of epididymis mass.

When the plaintiff followed up with a urologist several days later, an ultrasound revealed right testicular tenderness, right cord tenderness, bilateral hydroceles, and a large hard mass-like swelling in the right scrotum. The plaintiff was scheduled for same-day emergency surgery. Unfortunately, blood flow did not return once the spermatic cord was untwisted, and the plaintiff’s right testicle was removed. 

According to the plaintiff’s experts, testicular torsion has an excellent chance of resolution if surgery is performed within 12 hours. By discharging the plaintiff, the defendants deprived him of an opportunity to make a full recovery.

Because of the defendant’s negligence, the plaintiff is unlikely to father children without artificial intervention. He developed severe depression, and his romantic life was adversely impacted.

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