Showing posts with label postoperative complications. Show all posts
Showing posts with label postoperative complications. Show all posts

Wednesday, April 02, 2014

The best for baby and you ~ VBAC after C-Section

If you had a prior c- section please ask your OB," What will you do if adhesions are encountered ? "     
You deserve an answer to that question and it should be incorporated into your "Informed Consent".
Please read the article below about VBAC. It may be an option despite your prior c-section and with your Adhesion Related Disorder.                        

The best for baby and you

Yaowaluk Rapeepattana, MD
Samitivej Sukhumvit Hospital April 1, 2014 1:00 am

Many women who have delivered a child by Caesarean believe they are fated to deliver any more babies they may have the surgical rather than the natural way.

While many do opt for a C section, whether or not or medical advice, vaginal birth after caesarean or VBAC as it's known for short, allows a woman to give birth safely and comfortably, even if an earlier pregnancy resulted in a C-section. The American College of Obstetricians and Gynaecologists recommends that all doctors offer VBAC to expectant mothers. 

Anyone who wants a natural birth is an ideal candidate for VBAC though it should be noted that it's not entirely without risk: there is a 1 per cent or lower risk of uterine rupture.
To assess the risks associated with VBAC, it is helpful to determine why a previous pregnancy might have resulted in a C-section. For example, if the abnormal position of the baby or the abnormal location of the placenta necessitated the first caesarean, VBAC would be a low risk process the next time. However, if a C-section was required because of the mother's small pelvis or the baby's large size, vaginal birth could be complicated for subsequent pregnancies as well. Risks associated with VBAC increase if a woman has had uterine surgery, more than one C-section, or if her baby is bigger than her pelvis. If the interval between pregnancies is less than a year, risks increase substantially; some doctors are unwilling to recommend VBAC to such patients.     
Click link to finish the article
http://www.nationmultimedia.com/life/The-best-for-baby-and-you-30230557.html 

Friday, December 20, 2013

Chronic Pain Patient, first visit with Pain Management Doctor ~ SIGNING UNFAIR PAIN CONTRACT



Dammed if you do and dammed if you don't!
SIGNING A DRUG CONTRACT ~ FROM PATIENT PERSPECTIVE ~ GIVING UP YOUR RIGHTS

  Chronic pain patients are required to sign contracts with their pain management physician. Many of the stipulations in these contracts remove the patient's rights to privacy of their medical information as well as removing the constitutional rights that require law enforcement to obtain a warrant (meaning need to show probable cause to get such a warrant) in order to get the medical record. These contracts also often contain false information regarding what is drug seeking behavior, physical dependence, and tolerance to pain medication. Also they rely upon presumptive testing that is widely known to be inaccurate in order to deny treatment. Basically these contracts are set up in such a way that every chronic pain patient will eventually violate some part of the contract and lose treatment. Depression is NOT drug seeking behavior, it is a common occurrence with ANY chronic illness, not just chronic pain.

To learn more, including information about the so-called studies that the DEA rely upon to call prescription drug abuse an "epidemic" when the numbrs don't support it. To learn more about chronic pain, contracts, and more:
http://www.dailykos.com/story/2011/04...
http://pain-topics.org/ for updates on studies http://updates.pain-topics.org/

To learn more about Richard Paey, an example of the unfair investigation procedures and prosecution on chronic pain patients see here:
http://www.november.org/thewall/cases...

Thursday, December 08, 2011

Perforated IUD? Try Laparoscopic Removal First

Steven Fox


December 7, 2011 — A majority of intrauterine devices (IUDs) that cause uterine perforations may be safely removed with laparoscopy, rather than resorting to more invasive surgery, according to researchers who reviewed nearly 40 years of research on the topic.

On the basis of their review, Richdeep Gill, MD, from the Department of Surgery, University of Alberta, Edmonton, Canada, and colleagues suggest that the laparoscopic approach be first-line therapy in patients who present with symptoms, and that it be considered a reasonable option in patients without symptoms.

Their article appears in the January 2012 issue of Contraception .

"Uterine perforation by [IUDs] is a rare but well recognized complication," they write. However, "[o]ur review demonstrates that a majority of IUD perforations may be amenable to laparoscopic retrieval." Furthermore, they say, the location of the perforated IUD within the abdomen does not appear to be a major factor in outcomes.

According to some estimates, anywhere from 0 to 1.3 per 1000 women implanted with the devices will experience uterine perforation.

In the past, patients who presented with adhesions and perforated viscera often required laparotomy to remove their IUDs, but in recent years improvements in laparoscopic technique and technology have allowed surgeons to use the less-invasive approach to achieve the same results, the authors say.

To find out more about how advances in laparoscopic surgery have affected the management of patients with perforated IUDs, the authors conducted a systematic search of the literature from 1970 through 2009, using MEDLINE/PubMed, Embase, Cochrane Library, and OCLC PapersFirst.

The authors identified 179 cases in which surgeons attempted to use laparoscopy to remove perforated IUDs. Mean age of the patients was 26 years, with an age range from 17 to 49 years. More than three-quarters of the women had previously given birth at least twice.

The patients presented with various symptoms, the most common being pain and unexpected pregnancy, the authors say. All participants initially underwent diagnostic laparoscopy.

The authors report that this initial laparoscopy was successful in all 179 cases. Surgeons subsequently used laparoscopy to successfully remove the perforated IUDs in 64.2% (115/179) of cases.

Laparotomy was done in 34.6% (62/179) of cases, either after diagnostic laparoscopy or after laparoscopic removal had been attempted.

The presence of adhesions appeared to be a factor in unsuccessful outcomes with laparoscopy. Among women who required laparotomy to remove their IUDs, 75% (15/20) reported the presence of adhesions.

In contrast, women whose IUDs were successfully removed by laparoscopy reported a 37.7% (20/53) incidence of adhesions.

Perforated IUDs were found in a variety of locations, including the omentum (26.7%), pouch of Douglas (21.5%), colonic lumen secondary to perforation (10.4%), myometrium (7.4%), broad ligament (6.7%), free within the abdomen (5.2%), small bowel serosa (4.4%), colonic serosa (3.7%), and mesentery (3%). The remaining 11% were found in rare locations, including the bladder, appendix, abdominal wall, fallopian tube, ovary, retroperitoneum, and small bowel. The location appeared to have little effect on the outcomes, the reviewers say.

They conclude: "[T]his systematic review highlights how advances in laparoscopic technique and skill have allowed surgeons to safely retrieve IUDs without laparotomy. We recommend an attempt at laparoscopic removal as first-line treatment in symptomatic patients and as a reasonable treatment option in asymptomatic patients."

The authors have disclosed no relevant financial relationships.

Contraception. 2012;85:15-18. Abstract

Wednesday, October 26, 2011

Adhesion-Prevention Strategy in C-Sections: Focus on Risk Reduction

Adhesion-Prevention Strategy in C-Sections: Focus on Risk Reduction
By Victor Hugo Gonzalez-Quintero, M.D., M.P.H. Interim Director, Division of Maternal Fetal Medicine Associate Professor of Clinical Obstetrics and Gynecology Director, Residency Program | October 26, 2011
University of Miami/Jackson Memorial Medical Center

--------------------------------------------------------------------------------

http://hcp.obgyn.net/pregnancy-and-birth/content/article/1760982/1977693

Cesarean deliveries are now the most commonly performed abdominal surgery in the United States.1 In 2005, an estimated 30.3 % of all births involved C-section procedures2, and preliminary estimates from the Centers for Disease Control and Prevention indicate that the incidence of C-sections will continue to rise in the coming decade.3

The increased use of C-section procedures presents some important health considerations for specialists in maternal fetal medicine. According to the results of a study published in the American Journal of Obstetrics & Gynecology in May 20071:

Among women who underwent a second C-section, 46% (100 out of 217), developed pelvic adhesions.
Among women treated with a third C-section, 75% (48 out of 64) developed adhesions.
Among women treated with a fourth C-section, five out of six (83%) developed pelvic adhesions.
The development of adhesions was also shown to have an impact on time-to-delivery. On average, infant delivery was delayed 5.6 minutes among women who had a second C-section as compared to an average primary C-section. The comparative delay increased to 8.5 minutes and 18.1 minutes, respectively, for third and fourth C-sections
The Rationale for Proactive Strategies to Prevent Adhesions in C-Sections

Time to infant delivery once anesthesia has been administered and risk of surgical complexity at repeat C-section are of critical concern, particularly in cases of emergent C-section. Based on these findings and continuing trends in the incidence and impact of C-sections, obstetrical practices are increasingly considering strategies to help reduce the risk of adhesions. In some practices, strategies focus on restrictions in the use of C-section procedures among patients. The availability of proven adhesion prevention strategies has also built support for a more proactive strategy to reduce risk, especially among patients treated with multiple C-section procedures. Following a comprehensive review of options, our division led a practice-wide initiative to incorporate adhesion prevention strategies to reduce the risk of adhesions in most C-section procedures.

In considering this plan, which was introduced in 2005, we identified several factors in support of a more proactive adhesion prevention strategy:

As a busy obstetrical practice performing several thousand C-section procedures each year, our department is clearly positioned to be affected by trends in surgery that might increase the risk of adhesions among our patients. Based on available data it became apparent that an increased risk of post-surgical adhesions among our patients could have a significant impact in terms of treatment complications and delayed delivery time.
The use of an adhesion barrier was already in place in formulary at the hospital and was widely used in gynecologic oncology procedures where the risk of post-operative adhesions is well-established.
Based on established familiarity with adhesion prevention strategies in gynecologic oncology, support for a preventative strategy in obstetrics was in place among labor and delivery management teams familiar with both the proven efficacy of adhesion prevention strategies and the potential impact of adhesion development on our patients.
The introduction of an adhesion prevention strategy would require only minimal additional staff training and monitoring.
Data related to the safety and efficacy of adhesion prevention barriers was widely available.
Importantly, to deliver maximum benefit we determined that a preventative strategy to reduce the risk of adhesions in C-sections must be positioned as a complement to superior surgical technique at every stage.
The availability of more conclusive data related to the risk of adhesions among C-section patients will help to shape even more effective prevention strategies in the years ahead. In this area, however, the rapid increase in C-section procedures challenges us to identify the optimal strategies to reduce patient risk as quickly as possible. While available data related to the morbidity associated with C-section adhesions are limited, we concluded that available data are sufficient at this stage to support a broad preventative intervention strategy as outlined. We are continuing to monitor results based on this strategy to draw more precise conclusions related to treatment experience.

1. Morales KJ, Gordon MC, Bates GW Jr. Post cesarean delivery adhesions associated with delayed delivery of infant. Am J Obstet Gynecol 2007;196:461.e1-461.e6.
2. Martin JA, Hamilton BE, Sutton PD, Ventura SJ, Menacker F, Kirmeyer S, Munson ML. Births: Final data for 2005. National vital statistics reports; vol 56 no 6. Hyattsville, MD: National Center for Health Statistics 2007.
3. Hamilton BE, Martin JA, Ventura SJ. Births Preliminary data for 2006. National vital statistics reports; vol 56 no 7. Hyattsville, MD: National Center for Health Statistics. 2007.

Monday, October 24, 2011

Young carers ~ taking care of Parents

Supporting the county’s young carers
Mark Shields
Friday, October 21, 2011
12:21 PM
CHILDHOOD is a time for having fun, making friends and gaining confidence. But for more than 1,300 young carers across the county, those years are filled with looking after sick or disabled parents or siblings – which is where Crossroads Care Cambridgeshire comes in.

WHEN Shannon O’Neill gets home from school, the first thing she does is check how her mum Michelle is.

Michelle, 39, suffers from fibromyalgia and adhesion-related disorder (ARD), a condition which causes her constant abdominal pain.

There are times when she is able to look after Shannon as she would like to but, on her bad days, the pain is so intense that 11-year-old Shannon must look after her.

That could mean flushing out the feeding peg that was used in the past to connect Michelle’s colostomy bag, or giving her a massage to soothe her aching muscles.

Then it’s on to the household chores: making dinner, cleaning, washing, drying, and locking the house up for the night – before she sits down to begin her homework.

Even when Michelle is having a good spell, the unpredictability of her condition means she is always in Shannon’s thoughts.

“I’m always thinking of coming back at the end of the day and seeing how my mum is,” said Shannon. “I don’t like going to groups or after school clubs any more, because I’m scared to see what’s going to happen.”

Young carers are often the victims of bullying as they struggle to handle school, homework and their caring duties. As adults, they are twice as likely not to be in education or training as their peers, because caring has affected their education or would mean leaving their parent or sibling without care.

Please click here to read the rest:
http://www.huntspost.co.uk/news/latest-news/supporting_the_county_s_young_carers_1_1105307

Wednesday, October 19, 2011

Intra-abdominal adhesions: Cellular mechanisms and strategies for prevention.

Int J Surg. 2011 Sep 23. [Epub ahead of print]
Intra-abdominal adhesions: Cellular mechanisms and strategies for prevention.
Maciver AH, McCall M, James Shapiro AM.
SourceDepartment of Surgery, University of Alberta Hospitals, 2000 College Plaza, 8215 112th Street, Edmonton, Alberta, Canada T6G 2C8.

Abstract
Postoperative intra-abdominal adhesions represent a serious clinical problem. In this review, we have focused on recent progress in the cellular and humoral mechanisms underpinning adhesion formation, and have reviewed strategies that interfere with these pathways as a means to prevent their occurrence. Current and previous English-language literature on the pathogenesis of adhesion formation was identified. As the burden of surgical disease in the world population increases, and the frequency of reoperation increases, prevention of adhesion formation has become a pressing goal in surgical research.

Copyright © 2011. Published by Elsevier Ltd.

http://www.ncbi.nlm.nih.gov/pubmed/21964216

Idiopathic encapsulating peritonitis: Report of two cases.

Surg Today. 2011 Dec;41(12):1644-8. Epub 2011 Oct 4.
Idiopathic encapsulating peritonitis: Report of two cases.
Da Luz MM, Barral SM, Barral CM, Bechara Cde S, Lacerda-Filho A.
SourceDivision of Coloproctology and Small Bowel, Alfa Institute of Gastroenterology, Federal University of Minas Gerais Hospital, Av. Alfredo Balena 110 - 2° andar, Belo Horizonte, MG 30130-100, Brazil.

Abstract
This report presents two cases of young males who developed the rare idiopathic form of sclerosing encapsulating peritonitis (SEP) presented as partial bowel obstruction, both diagnosed during surgical treatment, with satisfactory outcomes. Sclerosing encapsulating peritonitis is a rare and enigmatic condition, characterized by intraperitoneal fibrosclerosis, which causes intestinal obstruction. It is a chronic entity with a poorly elucidated pathophysiology, leading to the constitution of a thick white nacreous fibrosis membrane that wraps the bowel in a concertina-like fashion with some adhesions configuring an intra-abdominal cocoon. Sclerosing encapsulating peritonitis is reported in a wide variety of patients, including those who have undergone peritoneal dialysis, young adolescent girls, cirrhotic patients after peritoneal-venous shunting, and patients treated with β-blockers. Nevertheless, the etiology of SEP remains obscure. This entity presents many difficulties in preoperative diagnosis because of its peculiar characteristics. Recognition of the SEP results in proper management and prevents unnecessary bowel resection. Regardless of cause, the treatment of the obstruction is surgical, with dissection of the encasing membrane from the intestine and separation of adherent loops of small bowel until they are laid free and returned to their normal configuration. The prognosis after appropriate surgical therapy is good, but depends on coexisting diseases.

PMID:21969199[PubMed - in process]
http://www.ncbi.nlm.nih.gov/pubmed/21969199

Saturday, October 08, 2011

Woman died during medical procedure ~ Adhesions

INQUEST HEARS DETAILS OF TRAGIC DEATH


Wednesday September 28 2011

AN INQUEST heard that a Wicklow town woman died during a routine procedure to remove an ovarian cyst after her bowel was torn during the operation.

60-year-old Elizabeth Dempsey, Bayside Glen, Brittas Road, Wicklow town, suffered septic shock and died after the procedure which took place on July 26, 2010 at St. Vincent's Hospital, Dublin.

The Dublin Coroner's Court was told originally the cyst was to be removed through keyhole surgery but extensive adhesions meant the surgeon had to instead proceed through open surgery. Ms Dempsey died two days later at the hospital. Upon hearing the evidence, Coroner Brian Farrell was satisfied that the perforation was caused by the laparoscopy and a verdict of death by medical misadventure was recorded.

Elizabeth was the wife of the late Colm and the mother of Colum and the late Aidan.

Sunday, October 02, 2011

Adhesion prevention in gynaecological surgery.

J Obstet Gynaecol Can. 2010 Jun;32(6):598-608.
[Article in English, French]
Robertson D, Lefebvre G, Leyland N, Wolfman W, Allaire C, Awadalla A, Best C, Contestabile E, Dunn S, Heywood M, Leroux N, Potestio F, Rittenberg D, Senikas V, Soucy R, Singh S; Society of Obstetricians and Gynaecologists of Canada.
SourceToronto ON.

Abstract
OBJECTIVES: To review the etiology and incidence of and associative factors in the formation of adhesions following gynaecological surgery. To review evidence for the use of available means of adhesion prevention following gynaecological surgery.

OPTIONS: Women undergoing pelvic surgery are at risk of developing abdominal and/or pelvic adhesive disease postoperatively. Surgical technique and commercial adhesion prevention systems may decrease the risk of postoperative adhesion formation.

OUTCOMES: The outcomes measured are the incidence of postoperative adhesions, complications related to the formation of adhesions, and further intervention relative to adhesive disease.

EVIDENCE: Medline, EMBASE, and The Cochrane Library were searched for articles published in English from 1990 to March 2009, using appropriate controlled vocabulary and key words. Results were restricted to systematic reviews, randomized control trials/controlled clinical trials, cohort studies, and meta-analyses specifically addressing postoperative adhesions, adhesion prevention, and adhesive barriers. Searches were updated on a regular basis and incorporated in the guideline to March 2009. Grey (unpublished) literature was identified through searching the websites of health technology assessment and health technology assessment-related agencies, clinical practice guideline collections, clinical trial registries, and national and international medical specialty societies.

VALUES: The quality of evidence was rated using the criteria described in the Report of the Canadian Task Force on Preventive Health Care SUMMARY STATEMENTS: 1. Meticulous surgical technique is a means of preventing adhesions. This includes minimizing tissue trauma, achieving optimal hemostasis, minimizing the risk of infection, and avoiding contaminants (e.g., fecal matter) and the use of foreign materials (e.g., talcum powder) when possible. (II-2). 2. The risk of adhesions increases with the total number of abdominal and pelvic surgeries performed on one patient; every surgery needs to be carefully considered in this context. (II-2). 3. Polytetrafluoroethylene (Gore-Tex) barrier is more effective than no barrier or oxidized regenerated cellulose in preventing adhesion formation. (I). 4. Oxidized regenerated cellulose (Interceed) adhesion barrier is associated with a reduced incidence of pelvic adhesion formation at both laparoscopy and laparotomy when complete hemostasis is achieved. Oxidized regenerated cellulose may increase the risk of adhesions if optimal hemostasis is not achieved. (II-2). 5. Chemically modified sodium hyaluronate/carboxymethylcellulose (Seprafilm) is effective in preventing adhesion formation, especially following myomectomies. There is insufficient evidence on the effect of sodium hyaluronate/carboxymethylcellulose on long-term clinical outcomes such as fertility, chronic pelvic pain or small bowel obstruction. (II-2). 6. No adverse effects have been reported with the use of oxidized regenerated cellulose, polytetrafluoroethylene, or sodium hyaluronate/carboxymethylcellulose. (II-1). 7. Various pharmacological agents have been marketed as a means of preventing adhesions. None of these agents are presently available in Canada. There is insufficient evidence for the use of pharmacological agents in preventing adhesions. (III-C).

RECOMMENDATIONS: 1. Surgeons should attempt to perform surgical procedures using the least invasive method possible in order to decrease the risk of adhesion formation. (II-1B ). When feasible, for example, a laparoscopic surgical approach is preferable to an abdominal approach, and a vaginal or laparoscopic hysterectomy is preferable to an abdominal hysterectomy. 2. Precautions should be taken at surgery to minimize tissue trauma in order to decrease the risk of postoperative adhesions. These precautions include limiting packing, crushing, and manipulating of tissues to what is strictly required for safe completion of the procedure. (III-B). 3. Surgeons could consider using an adhesion barrier for patients who are at high risk of forming clinically significant adhesions (i.e., patients who have endometriosis or pelvic inflammatory disease or who are undergoing a myomectomy). If there is a risk of ongoing bleeding from the surgical site, oxidized regenerated cellulose (Interceed) should not be used as it may increase the risk of adhesions in this situation. (II-2B).

PMID:20569542[PubMed - indexed for MEDLINE]
http://www.ncbi.nlm.nih.gov/pubmed/20569542

Make the Most of Your Next Doctor's Visit

Before you go ...
•When making the appointment, state the nature of your concern so that a proper length of time can be scheduled.
•If it is your first visit to a particular clinic or physician, be ready to provide information about diseases that run in your family and describe current and past health problems and treatments. Write it all down if that helps.
•Make a list of medications you are taking including the doses and frequency of prescription and over-the-counter drugs, as well as herbs, supplements and vitamins.


While you are there ...
•Your health is worth the physician's time. Restate explanations and ask for clarification.
•Share the list of medications that you made.
•Don't forget about your emotional health; it influences your physical health.
•Try to reach an agreement about the recommended treatment plan.


Before leaving ...
•Find out if and when you should return for another visit.
•Ask if you need to watch for certain warning signs for your condition, ask when you should be concerned and at what point you need to call in.
•Get backdoor contact information. What's the best way to reach the doctor if you have questions or concerns - by email? phone? What hours are best? How soon can you expect a response?
•Never leave uncertain about your diagnosis or treatment plan.


Source: Adapted from the Allina Hospitals & Clinics Web site.
http://www.preparedpatientforum.org/communicating/parenthood.cfm

Saturday, October 01, 2011

When a surgoen has a bowel obstruction from adhesions!

Thanks kevinmd.com
Closed loop bowel obstruction in your surgical partner
by Sid Schwab, MD |
inShare.14“Musta been the ham sandwich,” he said as he leaned onto the operating table and belched a couple of times. We were half-way through a thyroid operation and Doug, my partner, didn’t look all that good. I’d been in practice for all of a year, and Doug, ten years my senior, was my guardian angel, my guide through the vagaries of the world of private practice, and the best surgeon I’d ever seen. Suddenly, he was definitely off his game.

We managed to get through the operation. Doug had an appendectomy teed up to follow, but instead of showing up to get it going, he’d gone to the ER, from which I got a call telling me Doug was down there being evaluated, and requesting that I do his case. Introducing myself to the patient, explaining the strange situation, convincing the man that this shiny-faced kid (a 33 year-old kid, but still…) was a satisfactory stand-in, I had more on my mind than the operation at hand. But the patient was fine with it, and I finished removing the appendix in time to take another ER call: Doug needed a surgical consult, and was requesting me.


Stone-faced, stiffly trying not to writhe, Doug was clearly in a lot of pain. X-rays didn’t show much. Lab work showed a very mild elevation of amylase, a digestive enzyme produced mostly in the pancreas (and salivary glands); high levels most often signal pancreatitis. Alcoholism and gallstones are by far the most common causes of pancreatitis, and Doug wasn’t a victim of either. His abdomen was pretty tender in the upper portion, which is where pancreatitis pain usually shows, but it wasn’t rigid (as you know from the previous post, rigid ain’t good.) For now, I’m thinking it’s his pancreas, for one of the less common causes. I didn’t think operation was indicated, and admitted him to the floor. Before that, Doug said to me, “Look, I know it’s not easy taking care of a partner, and if you want to get someone else, I’ll understand. But there’s no one I’d rather have care for me than you.” That’s the thing: Doug and I had an amazing relationship: in the OR we clicked like we’d been doing it forever. I loved him as an assistant; he loved me. We were perfect together.

Proudly referring to himself as a “closet hick,” Doug usually wore jeans, had a few acres, occasionally skipped town to buy a cow. He was tall and thin, taciturn, had an Adam’s apple from which you could make an entire pie. Mostly serious, he had an occasional but fine sense of humor, was very respectful of and engaged with his patients, but less than empathetic: tough it out, he seemed to say. Now he was trying to do it himself.

Over the next few hours, Doug’s pain persisted. He threw up a couple of times, so I put in a stomach tube (did it myself). Amylase levels remained only slightly up, repeat films remained non-specific, but his white blood cell count was rising. Having no clear idea what was going on, I called another surgeon for moral support, and scheduled surgery.

Closed loop bowel obstruction has a typical x-ray appearance; but if the case were typical, it wouldn’t be memorable, now, would it? I opened Doug up and found about an twelve-inch segment of small intestine twisted around a single band-like adhesion (cf: previous post). Adhesions by far most commonly occur as a result of prior operations; they’re rare in virgin abdomens, like Doug’s. They can be congenital, result from a prior infection, or who the hell knows? Doug had one, and only one, and it killed a piece of bowel — or close enough to make me afraid to leave it in. It took one quick snip to release the adhesion, but the bowel remained pretty black and motionless, so I cut it out and sewed the ends together. Piece of cake, routine stuff.

When doing his own operations, Doug had a thing about closing the mesentery after bowel resection. He sewed up both sides, instead of just one. Sewing it prevents a hole through which other intestine could slip, causing obstruction. Sewing both sides cuts down on the raw surface to which bowel could adhere, or so Doug believed. Nevertheless, most surgeons, myself included, don’t take the time and don’t think it makes much difference because the surface heals to smooth pretty fast. But I figured Doug’d be pleased; so I did both sides, and used his favorite suture, the old-fashioned “chromic” suture instead of the newer style I liked.

Doug woke up with a smile on his face. “You cured me,” he said. His pain was gone; tough as nails, he was walking around, impatient to get the hell out of there, within hours. Until he started to vomit a couple of days later.

For brevity let me just say it was hell on earth. I was miserable: Doug wasn’t getting better, I didn’t know why, and the other surgeons in town hardly wanted to look at me in the doctors’ lounge. They knew what I was going through; and if any of them was too dense to know, I was broadcasting it at 50,000 watts with every bone and muscle of my body. I couldn’t sleep. I couldn’t think. I got second opinions. Then Doug started to go nuts.

It’s not all that rare: the combined effects of altered sleep, drugs, whatever, mean a certain number of patients will develop postop psychosis. Unlike some who go really crazy (it always clears up, by the way), Doug was just mildly paranoid. He started coming up with bizarre diagnoses, eventually became convinced he had horrible infection inside, and began to accuse me of deliberately withholding reoperation. Miserable ain’t the half of it.

Early postop bowel obstruction happens sometimes, and it’s one of the situations in which there’s good reason not to reoperate very soon: more often than not, it clears on its own. I hung in there as long as I could stand to, with Doug getting more and more dour and accusatory, and finally I decided to re-operate. The surgeon I asked to assist didn’t agree, but I thought I was right, for psychological as well as physical reasons.

Doug, it turns out, is allergic as hell to chromic suture. No reason for him to have known, since he only handled it with rubber gloves. Everywhere I’d placed it, in his honor, he’d reacted by swelling and hardening the tissues containing it. His bowel anastomosis had been puckered into a tight kink, in a way I’d never seen before, nor have since. “Well,” the assistant said, “I guess you were right. This never would have opened up.” So I re-did it, with my kind of suture. And before he woke up, because I feared he might not be able to eat for several more days, I inserted a special IV catheter into a vein below Doug’s collar bone, to allow high-calorie intravenous feedings.

It took a few more days, during which I was pretty much a total wreck. But Doug started eating, doing well. One night I removed the IV, planning discharge for the next morning. “OK, Doug, looks like we made it,” I said that morning, feeling elated in ways not felt for seemingly eons. And there it was: his right arm was swollen like a dead pig. Blood clot in the subclavian (below the clavicle) vein, no doubt from the IV I’d inserted.

Sometimes it’s hard as hell, placing a subclavian IV: poking in and out, hitting the artery, causing bruising and pain. Doug’s had gone in easily, first shot, like driving a scooter into a tunnel. So which is it, I thought? Push Doug out the window, or jump myself? Now he needed anticoagulation (not entirely clear, but majority position says so); of course, as a result he’d bleed somewhere, probably into his head. Or get a post-phlebitic syndrome– uncommon as hell in the arm — never operate again. Somebody kill me, please. Insurance doesn’t cover suicide.

Well, he got better. No arm problems, no bowel problems. He brought me a bottle of wine or something one day; we never talked about his accusations. I did ask him if he thought the experience would change his attitude toward patients with problems. “Nope,” he said. “Let’s get to work.”

Sid Schwab is a retired surgeon and author of Cutting Remarks: Insights and Recollections of a Surgeon.



http://www.kevinmd.com/blog/2011/02/closed-loop-bowel-obstruction-surgical-partner.html

Monday, September 26, 2011

Alexis Hauk: Surgical trend a step in wrong direction for women

Mum died after bowel torn during routine op

By Kevin Doyle


Friday September 23 2011

A WOMAN'S bowel was torn during a routine procedure to remove an ovarian cyst, an inquest has heard.

Elizabeth Dempsey (60), of Bayside Glen, Brittis Road, Wicklow Town, Co Wicklow, suffered septic shock and died after the procedure at St Vincent's Private Hospital, Dublin, on July 26, 2010.

The initial plan was to remove the cyst by keyhole surgery, but that procedure had to be abandoned due to extensive adhesions and the surgeon proceeded to open surgery, Dublin Coroner's Court was told.

Ms Dempsey died at the hospital two days later.

After hearing the evidence, Coroner Dr Brian Farrell said he was satisfied it was the laparoscopy that caused the perforation.

He recorded a verdict of death by medical misadventure.

Speaking outside the court following the inquest, Ms Dempsey's son Colum said he was happy with the verdict.

hnews@herald.ie

- Kevin Doyle

http://www.herald.ie/news/mum-died-after-bowel-torn-during-routine-op-2885925.html

Friday, September 23, 2011

Is HIPAA Hiding the Wrong Kind of Secrets?

August 16th, 2010 Anyone who has been to a doctor in the last dozen years has seen and signed the HIPAA (Health Insurance Portability & Accountability Act) form given out by their doctor or hospital. The HIPAA Privacy Rule was specifically designed to protect the privacy and integrity of personal health information collected by medical professionals about their patients.

Essentially this means that it is illegal to release the specifics of a patient case you may have either attended or witnessed. Thinking in terms of a laboring woman, what happens in her hospital room stays in her hospital room.

Doulas are not bound to HIPAA, but we do carry a professional code of ethics which makes it unprofessional to openly discuss our clients’ cases. Some of us may gather in small circles to privately work out our thoughts on situations we may have been in, and try to grow our knowledge base by sharing experiences. However, it is considered quite unprofessional to openly discuss any identifying details of a specific mother’s birth experience.

Of course, privacy is essential to trust. A woman cannot trust a provider who would willingly pass the details of her case around the internet for all the world to see. For the most part, it is nobody’s business what happens during her labor.

Well, unless it IS.

Speaking in generalities, because I will not discuss specific cases, I can tell you that some things I’ve witnessed as a doula in a labor room have been nothing short of a crime. Women have the right to informed consent and refusal, and I have seen cases where that right is violated over and over again throughout a labor. According to the American Medical Association,

“Informed consent is more than simply getting a patient to sign a written consent form. It is a process of communication between a patient and physician that results in the patient’s authorization or agreement to undergo a specific medical intervention…

…This communications process, or a variation thereof, is both an ethical obligation and a legal requirement spelled out in statutes and case law in all 50 states.”

So what happens when a woman flatly refuses to give consent, and a physician performs a procedure without her authorization and against her will? Katherine Prown, Ph.D. tells us,

“The legal doctrine of informed consent/refusal developed from the laws on battery. In a medical setting battery is defined as touching or treatment that occurs without obtaining proper informed consent; medical treatments that are substantially different from the ones a patient consented to; treatment that exceeds the scope of consent; or treatment provided by a physician other than the physician who obtained the patient’s consent. As case law on informed consent/refusal evolved, however, the courts increasingly defined lack of proper consent as a matter of negligence. Negligence requires that the lack of proper consent or failure to meet the standard of care resulted in emotional or physical harm worthy of monetary compensation. In certain circumstances in which monetary compensation is not an issue, though, the laws on battery may still apply.”

Given this, I have borne witness to cases where a woman’s rights are so flagrantly violated that it seems like an obscene injustice not to tell the world about what happened to her. But once the labor is over, the dozen or so people in that room simply move on to another labor, and because of privacy laws like HIPAA, nothing that happened is ever shared with the public.

You might be asking “Is it really that bad? Can it really, seriously be that bad?” You tell me. (**Trigger Warning**)

•I have seen a mother flat out refuse a procedure and/or treatment and the doctor say, verbatim, “You can say no, but we’re doing it anyway.” And they did. And nobody in the room could stop them.
•I’ve seen the mother’s parents get into yelling matches with the nurse or doctor because the medical staff constantly coerced or threatened the laboring woman to the point of emotional distress.
•I’ve seen a doctor stand over a woman and force her to “pre-authorize” a major intervention that was neither wanted, needed, or ever actually used during the labor, and refuse to leave the room until her signature was on the paper – giving her no time to contemplate the decision or discuss it with her family.
•I’ve seen a woman scream “No, stop!” while trying to kick a doctor’s hands out of her, as she tries climbing up the back of the bed to escape, while the doctor ignored her pleas and reaches farther into her vagina – blood curdling screams fill the room.
•I’ve had women cry and beg me to help them – to keep the doctor or nurse from doing whatever it is they’re doing to them – and I can’t help at all. Being a bodyguard is outside my professional scope of practice.
•I’ve seen a woman say she does not want an episiotomy, and the doctor say “Sorry” (snip, snip, snip) “I had to make some room.”
On one hand, I’m glad I was there to help those women in whatever way I could. On the other hand, it’s terribly stressful having witnessed crimes against women and know that professional secrecy will prevent everyone in that room from discussing what happened to her.

Of course the mother could take this information to the authorities, but that rarely ever happens. On one hand, as long as the mother came out with a healthy baby, nobody cares how she was treated in the process. She would need to have a damaged baby to have any sort of a legal case that an attorney would see worth his/her time. It’s also quite easy for a laboring woman not to remember or understand the details of what was being done to her. She’s in laborland – not taking minutes in a meeting. Women also have a hard time coming to terms with being violated.

This is the same reason so many women don’t report rape. After the incident is over, they just want it to be over. They don’t want to think about it, or drag it through a court system. They may think that it’s partially their fault, or that going public may put their story under embarassing and unfair scrutiny. When I took my VBAC story to the Chicago Tribune, my obstetrician accused women like me of having a “control issue.” No apology. No admission that his behavior was unethical and potentially illegal. He simply blamed me for not submitting to his violation. There are a million reasons women do not report violations, coupled with a million violators who continue to practice the way they do without anyone holding them accountable.

What can be done? At what point can we, who witness these crimes, open this can of worms and start talking about what is happening to individual women every single day in this system of ours? I know that it’s not my place to file complaint about the way a woman was treated, but if there’s no transparency, where does that leave us? I can tell you that it leaves me angry in my bones and feeling sick to my stomach.

In the mean time, I have to decide whether or not I can handle seeing any more of these hospital births, or if I should send women in to the lion’s den without someone like me there to help them in whatever small way I can. It’s a tough decision, and one that I may grapple with for a long time to come.

_______________________________________________________

If you are a mother who was violated, did you report any of it? Was there a resolution? If you are a birth professional who has witnessed these births, how do you recover emotionally knowing there’s nothing you can do?

http://thefeministbreeder.com/is-hipaa-hiding-the-wrong-kind-of-secrets/

Thursday, August 18, 2011

ARD Education and Awareness

ARD Education and Awareness from the best educational ARD website!



Abdominal/Pelvic Pain Can Occur After Surgery.
Abdominal/Pelvic pain can occur after surgery. Post surgical pain can present shortly following your surgery, and usually resolves over the following days and weeks as you recover from that surgery. But some pain may linger for months or years following a surgical procedure. The question is, what is the source of this pain?
In some cases, the answer is Adhesions!
Adhesions are bands of scar tissue intra-abdominal and/or pelvic cavity that bind your internal organs together, causing them to stick to each other. The result of these bands of scar tissue can lead to:
Adhesion Related Disorder or ARD.
The symptoms of ARD include:
Chronic pain
Infertility
Bowel obstruction
Gastro-esophageal reflux disease, (GERD)
Urinary Bladder dysfunction
Pain and difficulty having a bowel movement
Pain on movement such as: Walking, sitting or laying in certain positions.
Loss of Nutrients due to poor eating habits or loss of appetite.
Loss of employment due to lost work days
Loss of family and social life
Emotional Disorders such as: Depression, Thoughts of Suicide, Hopelessness
If you are experiencing pelvic pain, it’s important to see your doctor. Pain in the pelvic or abdominal area can be caused by a variety of conditions, some of which may be serious. Your doctor will be able to perform tests to determine the cause of your pain. Do not assume all pelvic or abdominal is caused by adhesion even if your post adhesiolysis, as adhesions do reform following surgery.
It is important to ask for and allow diagnostic tests to rule out other sources of pathology as being the cause for your symptoms…while some adhesion do cause pain, not all adhesions cause pain and not all pain is caused by adhesions!
If all diagnostic tests result in negative findings, one cause of pain that your doctor might consider is adhesions, particularly if you have had abdominal or pelvic surgery. Adhesions are commonly associated with pelvic pain. In fact, an estimated 38 percent of women suffering from pelvic pain have adhesions.
The better news is that there are things that your doctor can do to reduce the incidence post-operative adhesions – and maybe even prevent them altogether. Educate yourself to “Adhesion Related Disorder” as the informed patient can make informed decisions when you discuss your symptoms and medical care needs with your doctor.
Always request and keep a personal file of all your medical interventions!




Adhesions Can Cause Pain:
Adhesions can cause pain by binding normally separate organs and tissues together - essentially “tying them down.” The stretching and pulling of everyday movements can irritate the nerves involved. Some adhesions can cause pain during intercourse. Ask your medical care provide to order an “ESR = Erythrocyte Sedimentation Rate” ‘ blood test for inflammatory reaction in your body. Inflammation at the adhesion attachment sites become agitated due to the pulling and tugging on the tissues of the attached organs. This inflammation creates pain and must be taken into consideration by the Doctor when treating the ARD sufferer for pain.
While pelvic pain can be an obvious symptom of adhesions, there are other serious complications of which you should be aware. Two of the more common complications of adhesions are infertility and bowel obstruction.


Adhesion can and do cause disabling pain and loss of productivity. You will want to resent substantiating information on this issue when you meet with your Doctor.
Be prepared, be your own best Doctor!


Bowel obstruction:
Adhesion formation involving the bowel (intestine) is particularly common following hysterectomy. These adhesions occasionally they can cause the bowel to kink and not allow the passage of digested food. This causes a “back-up.” Bowel obstruction can occur shortly after surgery or many years later. Symptoms of bowel obstruction may include pain, nausea, and vomiting. Bowel obstruction is a serious illness and requires immediate medical attention.
Even though the overall incidence of bowel obstruction is low, you should be aware of the possibility of its occurrence. If left untreated, obstruction can lead to serious complications, even death. Symptoms of bowel obstruction include:


Abdominal pain
Nausea
Vomiting
Diarrhea (early)
Constipation (late)
Fever
You should talk to your doctor if you have any of these symptoms.
Endometriosis.
One of the more common non-surgical causes of pelvic pain is endometriosis.
If you have been trying unsuccessfully to conceive, you are probably searching for the cause. Your search may have led you to this site. It’s important to understand that there are many conditions that can cause infertility, and you should talk to your doctor to determine whether your situation requires medical attention.


Adhesions that form as a result of certain types of gynecologic surgery, especially tubal surgeries and myomectomies (surgery to remove fibroids), are a common cause of infertility. Adhesions can form between the ovaries, fallopian tubes or pelvic walls.
These adhesions can block the passage of ovum (an egg) from the ovaries into and through the fallopian tubes.
Adhesions around the fallopian tubes can also interfere with sperm transport to the ovum.


Ovarian Surgery
Surgical Treatment of Endometriosis
Myomectomy
Reconstructive Tubal Surgery
The good news is that infertility due to pelvic adhesions can be successfully treated in approximately 40% to 60% of women. However, the surgical procedure, adhesiolysis, can often lead to more adhesions. The best way to reduce the chances of adhesions forming and/or reforming is for your surgeon to learn the best procedure used in the attempt to reduce adhesion formation. The more a surgeon practices the procedure, the more skilled he will become in performing it. As he develops his technique over time along with the use of an effective adhesion barrier, the better the results for improvement in the symptoms of the adhesion patient!
Talk to your doctor if you have pelvic pain of any kind.





Although adhesions often form after gynecologic surgery, they are not inevitable. And, even if adhesions do form, they usually don’t cause pain or other problems.
Although there is no way to eliminate the risk of adhesions completely, there are steps your surgeon can take to reduce the likelihood of adhesion formation. The most effective methods of adhesion prevention involve meticulous surgical technique and the use of a physical barrier to separate tissue surfaces while they heal.


Surgeons have developed minimally invasive techniques such as the laparoscopy, that are designed to minimize trauma, blood loss, infection, and the introduction of foreign bodies, all of which can lead to inflammation and adhesion formation. Good surgical technique involves minimizing tissue handling, using delicate instruments, and keeping the tissues moist when they are exposed to the air.


While good surgical technique is important, but it is often not sufficient to prevent adhesions. There are also other preventive steps that can be taken:
Surgical techniques that can help decrease adhesion formation


Not simply the surgical procedure used, but in combination with these techniques and the lesser of invasive surgery, a laporoscopy, one has the best chance of adhesion reduction when these are used together in a surgery!


Achieve meticulous hemostasis
Maintain vascularity
Moisten tissues
Avoid dry sponges
Minimize tissue handling
Use fine, non-reactive sutures
Avoid peritoneal grafts
Minimize foreign bodies
Heated and Humidified gas 


Even though the most meticulous surgical and microsurgical techniques cannot eliminate the formation of adhesions, the following steps can be taken to reduce adhesion formation:
Achieve meticulous hemostasis: Inadequate hemostasis and the resultant fibrin deposition promote adhesion formation.
Maintain vascularity: Limiting ischemia supports fibrinolysis.
Moisten tissues: Frequent irrigation and the use of moist sponges prevent desiccation of tissue. Ringer's lactate or other irrigating solutions also eliminate any residual talc, lint, or blood clots, which may provide a nidus for a foreign body reaction, inflammation, and adhesion formation.
Avoid dry sponges: Use of gauze and dry sponges should be avoided because they may damage the peritoneal surface and leave a foreign body behind.
Minimize tissue handling: Manipulating tissue increases the possibility of vascular and tissue damage. When direct manipulation of the peritoneum is necessary, use either atraumatic instruments or fingers. In addition, cutting and coagulating should be kept to a minimum to reduce the possibility of trauma and maintain vascularity.
Use fine, nonreactive sutures: To minimize foreign body reactions use the smallest size of suture composed of synthetic material.
Avoid peritoneal grafts: Grafting increases the risk of peritoneal trauma while decreasing vascularity.
Minimize foreign bodies: Foreign bodies may damage the peritoneal surface, lead to inflammation, and ultimately result in adhesion formation.
CONSIDERING SURGERY
If surgery is recommended for you, it's important to know what your options are and what questions to ask your primary-care physician and surgeon. If you learn all you can, you'll be sure that you're making the right decision.
Jason Bodzin, M.D., F.A.C.S., director of the Inflammatory Bowel Disease (IBD) Institute at Sinai Hospital in Detroit, advises you to follow a four-step process:


Examine your options.
Talk to your surgeon.
Talk to patients who have had the operation.
Weigh all the factors in making your decision.
Knowing What to Ask
Before consenting to surgery, the first question you should ask is: "Is this surgery necessary, or are there other medical options that I can try?" For instance, many people with IBD have avoided surgery by combining total parenteral nutrition (intravenous feeding) with medications. 6-MP, an immunomodulator drug, often successfully heals fistulas that once required surgery.
You'll also want to know:


Are there other surgical options?
What risks will I face by having the operation?
How will the operation improve my condition?
How long will my recovery take?
Will I require medications following surgery?
Whom do you recommend as a surgeon? As anesthesiologist?
Choosing a Surgeon
Many sources can help you find a surgeon:
Friends, relatives, neighbors
Your primary-care physician
American Board of Medical Specialties (ABMS): (800) 776-CERT. (The ABMS can tell you whether a surgeon is board-certified.)
American College of Surgeons: (312) 664-4050, Ext. 391
The American Society of Colon and Rectal Surgeons: (708) 290-9184
Your local CCFA chapter
Your health insurance carrier
Your local hospital, or your state or county medical association -- all can provide lists of board-certified surgeons.
Once you've compiled a list of two or three possible surgeons, ask the following questions about each one:
Is he experienced with the particular operation you need? (This is particularly important if you are undergoing a fairly new procedure, such as an ileoanal anastomosis.)
Does she treat many IBD patients?
Is he affliated with the hospital you want to be in?
Is she affiliated with a medical school or is she a member of its clinical faculty?
You'll also want to know:
Where the surgeon trained, what his specialization is, and whether he belongs to any professional organizations or has published any professional articles. (To get this information, ask the surgeon directly or go to the library.)
Whether the hospital frequently performs your kind of surgery and whether the staff is well-versed in IBD.
Getting a Second Opinion:
It is always wise to get a second opinion. In fact, many insurance companies require it. Before seeking a second opinion, you may want to get copies of all your medical records. However, any physician can request these for you.
If you receive conflicting opinions, visit a third surgeon or review the situation with your primary-care physician. Though this process can be frustrating and time-consuming, it will give you peace of mind

Thursday, July 14, 2011

FDA warns mesh used in surgery poses risk

Problems seen in vaginal procedure
By Deborah Kotz and Robert Weisman
Globe Staff / July 14, 2011
Women who have vaginal surgery to fix a common gynecologic condition called pelvic organ prolapse may wind up with more problems than benefits if a plastic mesh is used, according to a safety communication issued yesterday by the Food and Drug Administration.

The agency warned patients and surgeons to consider other options.

The FDA said it plans to convene an advisory committee of experts in the fall to determine whether to ban the mesh - manufactured by Natick-based Boston Scientific Corp., Covidien PLC of Mansfield, and several other companies - for this procedure.

About 100,000 women with pelvic organ prolapse are treated with plastic mesh each year, but in most cases, the agency said, the condition can be treated successfully without mesh.

Mesh-related problems reported to the FDA include pain ful sexual intercourse, infections, urinary problems, overall discomfort, and bleeding, usually from the mesh eroding through the stitched tissue or from skin contracting tightly around it.

Click here to read the rest
http://www.boston.com/lifestyle/health/articles/2011/07/14/fda_warns_mesh_used_in_vaginal_surgery_can_pose_risk

Thursday, June 30, 2011

PATTEN v. GAYLE Trocar Injury

PATTEN v. GAYLE
CHARLOTTE M. PATTEN, ET AL., Plaintiff-Appellant,v.CHRISTOPHER GAYLE, M.D., Defendant-Appellee.
No. 46,453-CA.
Court of Appeals of Louisiana, Second Circuit.

June 22, 2011.

NELSON & HAMMONS, A Professional Law Corporation, John L. Hammons, James Paul Lambert, Annis Cornell Flournoy, Counsel for Appellant.
WATSON, BLANCHE, WILSON & POSNER, Peter T. Dazzio, Garrett S. Callaway, Counsel for Appellee.
Before GASKINS, PEATROSS and DREW, JJ.

--------------------------------------------------------------------------------




DREW, J.:
The primary issue is whether the jury erred in finding the doctor's negligence during surgery did not cause any injury to the patient. Charlotte Patten and her husband, Rodney L. Patten, appeal the judgment rejecting their demands and dismissing the action with prejudice. They also seek review of the trial court's denial of their motion for judgment notwithstanding the verdict ("JNOV"). For the reasons discussed herein, the judgment1 is reversed in part and affirmed in part and rendered, awarding plaintiffs a portion of the damages sought.
FACTUAL AND PROCEDURAL BACKGROUND
Charlotte Patten became a patient of Dr. Christopher Gayle, an OB-GYN at Willis-Knighton Pierremont, in 1997 when Dr. Gayle performed a total abdominal hysterectomy, leaving her ovaries in place. In early 2001, Mrs. Patten began suffering from pain in her lower right abdomen which Dr. Gayle suspected was a cystic lesion on her right ovary. On August 14, 2001, at Willis-Knighton Pierremont, Mrs. Patten was admitted for laparoscopic2 evaluation and possible removal of her ovaries.
Dr. Gayle, assisted by Dr. Mary Taylor, began the procedure by inflating the abdominal cavity with carbon dioxide in order to create space between the abdominal wall and internal organs. Once the cavity was inflated, Dr. Gayle inserted an operative trocar3 through the umbilicus.
The operative trocar blade is covered with a protective sheath. When the doctor applies pressure to the trocar, the blade is unsheathed, allowing the trocar to penetrate the skin, muscle, and fascia. Once the trocar encounters "empty space" in the body cavity, the sheath re-covers the blades and locks in place. Since the initial trocar insertion is performed blind, most laparoscopic injuries occur during this part of the procedure.4 In this case, Dr. Gayle inserted the first trocar without complication.
After removing the blade from the trocar tube, Dr. Gayle inserted a laparoscope into this first trocar to allow him to see the inside of the abdominal cavity. Dr. Gayle noted adhesions of the small bowel to the abdominal wall. Because he was unable to determine whether he would be able to proceed laparoscopically, Dr. Gayle intended to insert a second trocar so he could better visualize the ovaries and abdominal cavity.
After using the laparoscope in the first trocar to find an area that was free of adhesions, Dr. Gayle testified he tried to angle the second trocar so it would enter the abdominal cavity in a particular direction. The second trocar unexpectedly entered the patient's abdomen. The doctor claimed the amount of force he applied should not have been sufficient for the trocar to enter the abdomen. The second trocar entered the abdomen in a different direction than Dr. Gayle intended and came out near a bowel adhesion.
Although Dr. Gayle could see the tip of the trocar, he could not determine whether the trocar had penetrated or avoided the bowel. Dr. Gayle left the second trocar tube in place but removed the blade. He then inserted a third trocar (without incident) and placed the laparoscope into the third trocar to evaluate the bowel. Dr. Gayle observed no bleeding or bowel content but was still unable to determine whether the bowel had been punctured.
Dr. Gayle decided he needed to open the patient's abdomen because there were numerous adhesions of the bowel to the abdominal wall. The doctor also concluded that the right ovary, which was cystic and densely adhered to the pelvic wall, needed to be removed, a procedure that could not be performed laparoscopically. Finally, he was still concerned about the possibility of bowel injury by the second trocar.
After making a Pfannenstiel incision5 and lysing6 some of the adhesions of the bowel from the abdominal wall, Dr. Gayle saw the second trocar had penetrated Mrs. Patten's small bowel "through and through." Dr. Gayle brought approximately 20 inches of bowel out of the abdominal cavity and called for Dr. Craig Bozeman, a general surgeon, to perform emergency surgery to remove the trocar7 and repair the bowel.8
Dr. Bozeman decided to connect the two holes to facilitate the surgical repair. He did so by cutting across the circumference of the bowel between the two holes. After sewing up the bowel, Dr. Bozeman "ran the bowel"9 to inspect it and found the repair was effective (not leaking) and that no further injuries could be seen. Dr. Gayle and Dr. Taylor then finished the surgery by removing Mrs. Patten's right ovary, placing the bowel back inside the abdomen and closing the incisions.
After the operation, Mrs. Patten was kept under observation by Dr. Bozeman to ensure her bowel was causing no further problems. Over the next few days, she showed some signs of improvement in her gastrointestinal functions but also had indications of trouble, most notably swelling. Five days after the operation, Mrs. Patten was examined by Dr. Schwalke, who was on call for Dr. Bozeman. That morning, Mrs. Patten's abdomen was distended. Later that day, feculent material began exuding from her incision.
Dr. Schwalke performed emergency exploratory surgery, which required him not only to reopen her horizontal incision but to make a vertical "midline" incision up to the sternum. He discovered a 3mm perforation of the bowel two inches from where the bowel had been repaired by Dr. Bozeman five days earlier. Also, approximately three liters of feculent material was in Mrs. Patten's abdominal cavity, necessitating extensive cleaning and drainage.
As a result of the feculent material having leaked into her abdominal cavity, Mrs. Patten developed peritonitis (an abdominal infection) and pneumonia. She was hospitalized until August 30. Mrs. Patten has subsequently suffered from abscesses (some of which ruptured) and herniating of her incisions, both of which have required further surgeries, and additional medical problems.
On June 6, 2002, Mrs. Patten and her husband filed a petition for a medical review panel against Dr. Gayle, Dr. Taylor, and Dr. Bozeman. The Pattens alleged negligence against the three doctors with respect to the August 14 surgery performed by Dr. Gayle and Dr. Taylor, in which Mrs. Patten's bowel was penetrated by a trocar, and Dr. Bozeman's emergency surgical repair.
The medical review panel (composed of Dr. Daniel Carroll, Dr. Edwin Byrd, and Dr. Timothy Hart) ruled that the evidence did not support the conclusion that Dr. Gayle, Dr. Taylor, or Dr. Bozeman failed to meet the applicable standards of care. Specifically, the panel found no evidence indicating the perforation discovered by Dr. Schwalke was present on August 14 and missed by Dr. Bozeman during his repair. The panel concluded that this perforation was most likely the result of undetectable microvascular damage that was unrelated to the trocar injury. Further, the panel opined that Dr. Gayle did not "lose control" of the trocar because there are many factors10 outside of the surgeon's control that can affect the passage of the trocar through the abdomen.11
On February 6, 2004, Mrs. Patten, together with her husband, filed a medical malpractice suit against Dr. Gayle.12 Following a four-day jury trial on the merits in May 2010, the jury returned a verdict that Dr. Gayle had deviated from the applicable standard of care and had committed malpractice.13 The jury, however, found Dr. Gayle's negligence had not caused any injury that would otherwise not have been incurred by Mrs. Patten. Finding a lack of causation, the jury awarded no damages to Mrs. Patten or her husband. At the request of counsel, the jury was polled, revealing the jury was split 10-2.
Following entry of the judgment denying plaintiffs' recovery and dismissing the action at their cost, Mrs. Patten and her husband moved for a JNOV, arguing the jury's finding that Dr. Gayle's negligence caused no injuries was manifestly erroneous. Following a hearing, the trial court denied the motion, finding the jury's verdict was reasonable, and entered judgment accordingly on August 27, 2010.
Mrs. Patten and her husband appealed, arguing: (1) the jury manifestly erred in finding a lack of causation; (2) the trial judge manifestly erred in denying the motion for JNOV; and (3) the jury erred in failing to award damages.
DISCUSSION
In a medical malpractice action, the plaintiff has the burden of proving: (1) the applicable standard of care, (2) that the standard of care was breached, and (3) that as a proximate result of the breach the plaintiff sustained injuries that would not otherwise have been incurred. La. R.S. 9:2794(A). The third element, causation, is subject to the manifest error standard of review. Lovelace v. Giddens, 31,493 (La. App. 2d Cir. 2/24/99), 740 So.2d 652, writ denied. Under the manifest error standard, an appellate court cannot substitute its own inferences and conclusions about the facts. Johnson v. Morehouse GeneralHosp., 2010-0387 (La. 5/10/11), 2011 WL 1759932; Wooley v. Lucksinger, 2009-0571 (La. 4/1/11), 2011 WL 1205136. Findings of fact cannot be set aside or overturned by the appellate court unless they are clearly wrong. Johnson, supra. Factual conclusions are not clearly wrong when the factfinder chooses a view of the evidence that an appellate court disagrees with as long as the factfinder's view is permissible. Id. Manifest error occurs only when there is "no reasonable factual basis for the [factfinder's] conclusion[.]" Johnson, 2010-0387 at p. 6. In a medical malpractice claim, great deference should be given to the factfinder when medical experts express different opinions relevant to causation. Lovelace, supra.
Initial Trocar Injury
While recognizing that Mrs. Patten suffered injuries, the Medical Review Panel unanimously found that Dr. Gayle was not negligent. In its written reasons, the panel stated there were other factors outside of Dr. Gayle's control that could have caused the second trocar to become misdirected, including scarring of the abdominal wall, defects from her prior surgeries and differences in the degree of sharpness of trocars.
Dr. Robert Zurawin, a board-certified OB-GYN and an associate professor at Baylor Medical School, testified by affidavit, deposition, and at trial on behalf of Mrs. Patten. Disagreeing with the medical review panel, Dr. Zurawin believed Dr. Gayle was negligent. Dr. Zurawin stated the factors mentioned by the review panel were relevant only to a blind trocar insertion. Since Dr. Gayle had already inserted one trocar, he should have been able to see (and thus avoid) any problems inside the abdominal cavity. At trial, Dr. Zurawin testified the trocar must have penetrated bowel that was adhered to the abdominal wall. Otherwise the protective sheath would have covered the blade after entering the abdomen and the through-and-through puncture never would have occurred.
Dr. Zurawin also noted that Dr. Gayle had apparently been holding the second trocar improperly. In his deposition, Dr. Gayle indicated he was not yet holding the second trocar in the proper position when it penetrated the abdomen. Dr. Zurawin testified the way Dr. Gayle was holding the trocar contributed to the trocar penetrating the abdomen without Dr. Gayle intending it to as well as how deep it penetrated. Further, Dr. Zurawin believed the second trocar should never have been inserted because Dr. Gayle should have converted to an open surgery once he saw the numerous, dense adhesions through the laparoscope in the first trocar.
Dr. Gayle admitted the puncture of the bowel by the second trocar was an injury. In his original answer to the complaint, Dr. Gayle stated that Dr. Bozeman was called in for "repair of a bowel injury." Moreover, at trial, Dr. Gayle admitted on cross-examination that Mrs. Patten "was injured and she suffered as a result of that injury[.]" Dr. Gayle claimed that the trocar injury was insignificant as far as the medical malpractice claim was concerned.
Dr. Gayle relied upon the testimony of Dr. Taylor, Dr. Schwalke, and Dr. Byrd, each of whom testified the initial bowel injury from the second trocar was insignificant. Both Dr. Taylor and Dr. Byrd testified the only harm done to Mrs. Patten was having approximately an extra hour of surgery by Dr. Bozeman to repair the bowel. Dr. Schwalke testified similarly, stating the injury was insignificant because it was immediately recognized and repaired and there were no further damages resulting from that injury.
Dr. Gayle also relied upon two consent forms that Mrs. Patten signed prior to the surgery. When obtaining consent from a patient for any treatment or procedure, physicians have a duty to advise the patient of associated risks. Roberts v. Cox, 28,094 (La. App. 2d Cir. 2/28/96), 669 So.2d 633; Broadway v. St. Paul Ins. Co., 22,433 (La. App. 2d Cir. 1991), 582 So.2d 1368. A physician does not have to inform a patient of "every conceivable possibility" but only "those that can reasonably be anticipated." Steinbach v. Barfield, 428 So.2d 915 (La. App. 1st Cir. 1983) (reversed on other grounds); see also, Roberts, supra; Broadway, supra.
A risk of bowel injury was among the risks listed on the consent forms signed by Mrs. Patten. Dr. Hart testified at trial that this risk would include bowel injury due to a misdirected trocar. Dr. Hart also testified, however, that a patient never consents to negligent treatment. This court agrees. Consent forms should not shield physicians and other healthcare providers from liability for injuries caused by their negligence simply because the injuries are a known risk of the procedure. While patients can be held to reasonably anticipate that procedures carry certain risks that may occur without any fault from their physician, patients should also reasonably anticipate a physician will not negligently injure them. Being injured as a result of negligence by one's physician is not a reasonably foreseeable risk of receiving medical treatment.
The through-and-through perforation of Mrs. Patten's bowel was undoubtedly an injury. Downplaying the significance of the injury is a defense to damages but not a defense to the injury actually having occurred. The two consent forms signed by Mrs. Patten do not exonerate Dr. Gayle for negligently injuring her by puncturing her bowel with the second trocar. Therefore, the jury's finding that Dr. Gayle's negligence caused no injury to Mrs. Patten is manifestly erroneous with respect to the trocar's penetration of the bowel. As a result, this court reviews the merits of this issue de novo.
De Novo Review of the Merits — Initial Trocar Injury
Dr. Gayle negligently punctured Mrs. Patten's bowel with a trocar, necessitating the emergency repair by Dr. Bozeman. According to Dr. Gayle, aside from the repair of the punctured bowel, all other surgical steps taken on August 14 would have been required even if there had been no bowel injury.
First, Dr. Gayle stated in his deposition that Mrs. Patten had to be "opened up" in order to remove her ovary. Therefore, the decision to open her abdomen would have been made even if there were no bowel injury. This view was shared by Dr. Taylor. Even Dr. Zurawin agreed, stating in his affidavit that Mrs. Patten should have been opened up after Dr. Gayle viewed Mrs. Patten's numerous abdominal adhesions through the laparoscope in the first trocar.
Second, Dr. Gayle testified the bowel adhesions had to be lysed from the abdominal wall in order to remove the right ovary. Both Dr. Schwalke and Dr. Hart agreed that lysing the adhesions would have been necessary without the trocar injury. Moreover, even had the trocar injury been the sole reason for lysing the bowels, Dr. Zurawin testified that Dr. Gayle did not breach the applicable standard of care by lysing the bowel adhesions to prepare for the surgical repair of the bowel injury by Dr. Bozeman.
Third, Dr. Zurawin stated in his deposition that it is within the applicable standard of care to run the bowel after lysing any bowel adhesions to ensure it has not been injured. Therefore, the bowel would necessarily have been run whether or not the trocar repair was performed.
Fourth, Dr. Gayle stated in his motion in limine to exclude medical expenses that, even without the trocar injury, Mrs. Patten would have stayed in the hospital a few days following the surgery for observation. Dr. Gayle stated this was necessary because having to lyse her bowel adhesions created a possibility of a perforation developing.
In contrast, Dr. Zurawin stated in his affidavit that, but for the trocar injury to the bowel, Mrs. Patten would not have undergone the repair procedure which placed her at a greater risk of a subsequent bowel perforation. However, Dr. Zurawin acknowledged that Dr. Gayle had to open Mrs. Patten up and lyse the bowel adhesions to complete his surgery whether or not there had been a bowel injury.
Aside from the repair of the through-and-through bowel puncture, all other treatments and steps taken (opening her up, lysing the adhesions, etc.) would have been necessary even had there been no bowel injury and therefore were not causally related to Dr. Gayle's negligence. The only injuries Mrs. Patten suffered on August 14, 2001, that were causally connected to Dr. Gayle's negligent handling of the second trocar and would not otherwise have been incurred are: (1) the puncture of the bowel; and (2) the time and expense of Dr. Bozeman repairing the bowel.
Subsequent Perforation
The cause of the subsequent perforation that was discovered by Dr. Schwalke five days after Mrs. Patten's first operation was the primary topic throughout this case. In Dr. Gayle's opinion, this subsequent perforation was most likely the result of a microvascular injury that was undetectable at the time of Dr. Bozeman's repair. The medical review panel had a similar opinion, finding the perforation was unrelated to the initial trocar injury and most likely the result of microvascular damage.
Dr. Zurawin stated in his affidavit that while the cause of the perforation was "not clear," he believed it was most likely caused directly by the second trocar striking a loop of bowel after making its through-and-through puncture. Dr. Hart, Dr. Bozeman, and Dr. Schwalke all testified that the trocar tip could have directly harmed another section of bowel, causing damage that eventually led to the subsequent perforation. Dr. Hart qualified his testimony, stating this scenario was highly unlikely.
Both Dr. Gayle and Dr. Taylor testified the trocar penetrated the abdomen in an area where there was an upside-down "U-shaped" section of bowel hanging from the abdominal wall. Thus, according to the only two people who saw the location of the bowel before Mrs. Patten was opened up, there was no other portion of bowel for the trocar to damage. Assuming the bowel was adhered in this position, Dr. Byrd testified it would have been "spectacular" for the tip of the second trocar to have directly injured another part of the bowel.
Moreover, the bowel was run and inspected by Dr. Bozeman after he repaired the initial puncture. This inspection was done in the presence of both Dr. Gayle and Dr. Taylor. Dr. Bozeman testified he examined a significant portion of the surrounding bowel. The perforation that was found five days later was only two inches from the repair site. Dr. Hart testified it would be almost impossible for Dr. Bozeman, Dr. Gayle, and Dr. Taylor all to have missed any visible injury to the bowel that was only two inches away from the site of the trocar puncture.
In addition, the opinion of the review panel was that the timeline indicated the perforation was not present on August 14. The panel opinion was supported by both Dr. Hart's and Dr. Schwalke's testimony that the perforation likely opened two or three days after Dr. Gayle's operation, based on when Mrs. Patten began having swelling problems and the amount of feculent material found in her abdominal cavity. Dr. Zurawin disagreed, stating in his deposition that a small perforation might have taken five days to manifest and therefore the timeline was not definitive.
In view of all the evidence presented, it seems unlikely the trocar tip directly caused damage to the bowel that led to the subsequent perforation. However, Mrs. Patten also presented evidence of another theory: that the trocar injury indirectly caused the perforation because it led to the bowel sustaining a partial thickness injury14 which ruptured in the days following Dr. Gayle's surgery. This partial thickness injury could have been caused either when the adhesions were lysed from the abdominal wall or when Dr. Bozeman was performing his repair of the initial trocar injury.
Dr. Carroll stated in his deposition that any partial thickness injury caused by Dr. Bozeman repairing and running the bowel should have occurred immediately adjacent to the original injury. Since the perforation was two inches away from the original injury, Dr. Carroll stated it was highly unlikely Dr. Bozeman's repair caused the perforation. Additionally, none of the medical experts who testified believed that either repairing or running the bowel indirectly caused the perforation
Dr. Schwalke testified that the most likely cause of the perforation was a partial thickness injury that occurred when the bowel adhesions were lysed from the abdominal wall. Both Dr. Hart and Dr. Byrd also agreed the cause of the perforation was most likely a partial thickness injury due to lysing adhesions. According to Dr. Gayle, the portion of bowel where the perforation occurred was adhered to the abdominal wall, making it more susceptible to a partial thickness injury. Dr. Bozeman testified that a partial thickness injury is a known risk of having to lyse bowel adhesions.
In his deposition, Dr. Zurawin stated it was within the applicable standard of care for Dr. Gayle to lyse the bowel adhesions. Dr. Zurawin also noted that it was unclear whether Dr. Gayle or Dr. Bozeman lysed the bowel that was two inches away from the trocar injury. Therefore, assuming the lysing of the bowel caused a partial thickness injury, it would be impossible to know to whom to attribute it. Moreover, even if the lysing caused an undetectable injury, Dr. Zurawin testified there would not have been a breach of any standard of care by Dr. Gayle.
The medical experts were in agreement that the bowel adhesions necessarily had to be lysed in order to remove Mrs. Patten's right ovary. Therefore, had no trocar injury ever occurred, the bowel adhesions would nonetheless have been lysed. This possibility was explicitly supported in the deposition testimony of all three members of the medical review panel (Dr. Byrd, Dr. Hart, Dr. Carroll) as well as the trial testimony of both Dr. Schwalke and Dr. Byrd.
Mrs. Patten had to be opened up and her adhesions had to be lysed. The evidence did not show that, more likely than not, the initial trocar injury was either a direct or indirect cause of the subsequent perforation and the resulting peritonitis and pneumonia which kept Mrs. Patten hospitalized until August 30, 2001. As Dr. Zurawin testified, the cause of this perforation is simply not clear "within a reasonable medical probability." Therefore, the jury finding no causation of damages with respect to the subsequent perforation is not manifestly erroneous.
Injuries Suffered by Mrs. Patten Since August 30, 2001
Mrs. Patten has suffered from many medical problems following her release on August 30, 2001, after recovering from peritonitis and pneumonia. She alleges that these subsequent injuries are traceable to Dr. Gayle's negligence. Among the injuries Mrs. Patten has suffered, according to her First Supplemental and Amending Petition:
abscesses . . . excruciating pain and suffering, mental anguish and embarrassment . . . extensive scarring, abdominal adhesions and extensive internal adhesions . . . and repeated surgical procedures[.]
Mrs. Patten also claims hernias of her incisions as an additional injury attributable to Dr. Gayle.
According to Mrs. Patten's own testimony, she had a history of abdominal pain and discomfort ever since the birth of her second child. Her first laparoscopic procedure was performed in 1993. She also had multiple abdominal surgeries performed prior to the surgery on August 14, 2001. As Dr. Zurawin stated in his deposition, the more surgeries a person has, the more likely she is to have bowel adhesions in the future that could lead to the injuries Mrs. Patten has suffered. Mrs. Patten also testified she had off-and-on undergone treatment for depression prior to Dr. Gayle's 2001 surgery.
In the months following the surgeries by Dr. Gayle and Dr. Schwalke, Mrs. Patten was treated by Dr. Bozeman for multiple abscesses of her surgical wounds. In his deposition, Dr. Bozeman stated these abscesses were likely not related to Mrs. Patten's peritonitis but rather a reaction to the sutures used by Dr. Schwalke.
In 2002, Mrs. Patten was treated by Dr. Charles Black for hernias of her incisions. Dr. Black's deposition was read at trial; he was unable to testify in person because he was suffering from health problems and subsequently died. In his deposition, Dr. Black stated that incisional hernias occur around 5% of the time even in the absence of negligence. Dr. Black further stated that, considering Mrs. Patten's history of abdominal surgeries, there was no reason to attribute her hernias in 2002 to either Dr. Gayle's or Dr. Schwalke's surgeries in 2001.
Dr. Dale McGinty treated Mrs. Patten for abdominal adhesions sporadically between 2005 and 2008. In his deposition, Dr. McGinty stated he had no reason to connect those adhesions to Dr. Gayle's surgery. Further, Dr. McGinty stated there was no way to know whether the adhesions he treated were caused by Dr. Gayle's surgery, any of Mrs. Patten's prior or subsequent abdominal surgeries.
Dr. Hart testified that hernias of the midline incision are traceable to Dr. Schwalke's surgery, as this was the first time such an incision had been made on Mrs. Patten. Hernias of any other incisions, though, are not necessarily connected to Dr. Gayle's surgery because any of Mrs. Patten's pre-2001 surgeries could have been the underlying cause.
After sitting on the medical review panel, Dr. Byrd testified in his deposition that it is hypothetically possible none of the injuries Mrs. Patten suffered are causally connected to Dr. Gayle. In other words, even had there been no trocar injury, it is possible that the subsequent bowel perforation would have occurred, that Mrs. Patten would develop an abdominal infection from the material leaking from the perforation, and that all of her hernias, abscesses, and adhesions might have occurred as anticipated risks of the surgeries performed by Dr. Gayle and Dr. Schwalke.
Having failed to show the subsequent perforation of her bowel was causally connected to Dr. Gayle's negligence, Mrs. Patten did not establish that injuries she has suffered since August 30, 2001, were caused by Dr. Gayle. Thus, the jury finding no causation of any damages with respect to Mrs. Patten's medical problems since August 30, 2001, is not manifestly erroneous.
Damages
The only injuries that Mrs. Patten has suffered as a result of Dr. Gayle's negligence are the puncture of her bowel by the second trocar and the time and expense of Dr. Bozeman repairing the bowel injury.
Dr. Gayle claimed the trocar injury itself was insignificant. Three medical experts (Dr. Taylor, Dr. Schwalke, and Dr. Byrd) also testified the injury was insignificant because it was immediately recognized, repaired, and no future harm resulted from it. Mrs. Patten presented no evidence showing the bowel injury from the second trocar caused any significant harm after its repair.
In his motion in limine to exclude certain medical expenses, Dr. Gayle argued the only medical expenses that were related to his August 14 surgery on Mrs. Patten are as follows: Dr. Gayle ($3,331.20); Willis-Knighton Pierremont ($18,546.85), Pierremont Anesthesia Consultants ($1,647.00), and Dr. Bozeman ($1,803.00), totaling $25,328.05.
Dr. Gayle's fee for the operation would have been incurred even without a bowel injury. Therefore, these expenses ($3,331.20) are not recoverable as damages.
Most of the expenses owed to Willis-Knighton Pierremont also would have been incurred even if there were no bowel injury. Some of the expenses, however, are causally connected to Dr. Gayle's negligence. Upon review of the Willis-Knighton medical bills, this court awards $1,726.00 owed to Willis-Knighton as damages attributable to Dr. Gayle negligently puncturing Mrs. Patten's bowel.
Mrs. Patten was placed under anesthesia for Dr. Gayle's surgery. However, additional anesthetic gases were necessary due to the extra time required for Dr. Bozeman to perform his repair. This court awards $1,281.00 in damages recoverable against Dr. Gayle for services performed by Pierremont Anesthesia Consultants.
The services performed by Dr. Bozeman were necessitated by the bowel injury and would not otherwise have been required. All expenses owed to Dr. Bozeman ($1,803.00) are causally connected to Dr. Gayle's negligence and recoverable as damages.
Accordingly, Mrs. Patten is awarded $4,811.00 in medical expenses attributable to injuries resulting from Dr. Gayle's negligence.
There is next the issue of general damages, such as pain and suffering, which cannot be definitively measured in monetary terms. See McGee v. A C and S, Inc., 2005-1036 (La. 7/10/06), 933 So.2d 770. Mrs. Patten claimed general damages for pain and suffering, mental anguish, disfigurement, and decreased quality of life. In closing arguments, counsel for plaintiff recommended general damages totaling $800,000 to Mrs. Patten as well as $250,000 to Mr. Patten for decreased quality of life and loss of consortium.
These claims all are connected to the perforation discovered by Dr. Schwalke and Mrs. Patten's subsequent medical problems, not the initial trocar injury. Because the jury did not manifestly err in finding Dr. Gayle's negligence was not the cause of the subsequent perforation, no general damages are warranted for these claims.
The claims for pain and suffering and mental anguish are compensable. While the majority of Mrs. Patten's pain and suffering and anguish are attributable to the subsequent perforation, the initial trocar injury also caused some general damages. Mrs. Patten testified at trial that the day of Dr. Gayle's surgery was her daughter's first day of school. Rather than going home that afternoon, as she expected, Mrs. Patten was hospitalized for a total of 16 days. When she awoke after the first surgery and was told by her husband that there was a problem, Mrs. Patten thought she had cancer. Mrs. Patten also testified she is now somewhat paranoid because Dr. Gayle was unable to explain what went wrong.
Accordingly, Mrs. Patten is awarded $10,000 in general damages for pain and suffering and mental anguish.
CONCLUSION
The portions of the final judgment concluding plaintiffs suffered no injuries from Dr. Gayle puncturing Mrs. Patten's bowel are manifestly erroneous and are reversed. Judgment is rendered awarding her special and general damages. In all other respects, the judgment is affirmed.
DECREE
The judgment of the trial court is REVERSED IN PART and AFFIRMED IN PART, and judgment is rendered in favor of appellants, awarding them the amount of $14,811.00. Appellee is cast with all costs of the appeal.

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Footnotes

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1. As a result of partially reversing the first judgment, consideration of the second judgment is unnecessary. The denial of the JNOV would, however, be affirmed and reversed along the same grounds.
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2. Laparoscopic surgery involves inserting small, hollow tubes, known as trocars, into the patient and operating by inserting scopes and instruments down the tubes. A small camera (laparoscope) can be inserted into these tubes for evaluation. Surgical instruments can also be inserted into trocars. A laparoscopy is a minimally invasive procedure because it does not involve "opening the patient up."
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3. An operative trocar is a trocar with a sharp blade at the tip. It is used for initial penetration of the trocar into the abdominal cavity.
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4. Dr. Robert Zurawin, medical expert for Mrs. Patten, testified that 95-98% of trocar-related injuries occur during insertion of the first trocar.
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5. A Pfannenstiel incision is a long horizontal abdominal incision, also called a "bikini" incision.
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6. Lysing is a term used to describe the detachment of bowel adhesions from the abdominal wall by cutting it with specialized surgical scissors.
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7. Dr. Gayle testified he left the trocar in place to allow Dr. Bozeman to remove it. Dr. Bozeman testified the trocar had already been removed when he arrived. This point is of no consequence to the disposition of this appeal.
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8. All medical experts and the medical review panel agreed that calling in a general surgeon for the purpose of repairing the bowel injury was within the applicable standard of care.
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9. Running the bowel is the inspection of the bowel by hand, moving it back and forth in one's hands, squeezing and applying pressure to check for leaks, bruises, cuts, and other damage.
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10. These factors explicitly included "fascial scarring or defects from prior surgery and differences in the degree of sharpness of disposable trocars." (Opinion of Medical Review Panel, p. 2)
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11. Members of the panel admitted to placing greater weight on Dr. Gayle's operative note than on his sworn deposition, in which he admitted to losing control "in a generic sense." (Deposition of Dr. Gayle, p. 67-68; Deposition of Dr. Hart, p. 18-19; Deposition of Dr. Carroll, p. 23)
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12. On October 23, 2007, Mrs. Patten amended her complaint and added Dr. Bozeman as a defendant. Dr. Bozeman filed peremptory exceptions of prescription and peremption, which were granted, and Dr. Bozeman was dismissed from the suit.
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13. Dr. Gayle has not contested this finding on appeal so we will not discuss the issue in depth.
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14. The bowel has multiple layers. A partial thickness injury is when some of the layers have been damaged. A partial thickness injury can later develop into a perforation due to pressure within the bowel.

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