Kaiser Accused of Doing Unnecessary Procedures
By Philip A. Janquart
3-19-2013 20:59:00
PORTLAND, Ore. (CN) - A woman
went into a surgery knowing she was having a total abdominal hysterectomy
performed, but was not prepared when she was informed afterward that a Kaiser
doctor had also removed her ovaries, she claims in a complaint filed in Multnomah County Circuit Court.
Kathryn Morgan had Leiomyosarcoma of the uterus,
a rare malignant tumor that grows in the smooth muscle lining of the uterine
walls, she says in her complaint. Dr. Fabio Cappuccini at Kaiser Sunnyside Hospital
in Portland
performed the surgery on March 15, 2011, the complaint says. Morgan claims Cappuccini discussed the
risks and benefits of a total hysterectomy, but did not discuss the need to
remove her ovaries or that he also would be performing a periaortic
lymphadenectomy, a procedure removing a group of lymph nodes in front of the
lumbar vertebrae, near the aorta, according to the complaint.
"Dr. Cappuccini advised plaintiff that the
surgery of choice for Leiomyosarcoma of the uterus was total abdominal
hysterectomy with bilateral salpingo oopherectomy, omentectomy, bilateral
pelvic lymphadenectomy," the complaint states. "He did not advise the
plaintiff that removal of the ovaries was optional and did not discuss the
potential benefits and risks of removing the ovaries as part of the surgical
procedure. Dr. Cappuccini did not advise plaintiff of the risks and benefits of
removing the pelvic lymph nodes during the procedure and did not advise her
that this procedure was optional, likely had no significant benefit in terms of
long-term prognosis and was associated with significant potential
complications, such as the development of ascites," according to the complaint.
Ascites is the accumulation of fluid in the
peritoneal cavity, or the space between membranes that separate organs from the
abdominal wall.
Removal of the ovaries and lymph nodes caused
Morgan to suffer additional physical and emotional trauma, she claims in her complaint, including
more medical procedures and even a broken nose.
"As a result of defendants' negligence,
plaintiff developed ascites, requiring multiple hospital visits, paracentesis
procedures, placement of a drain for several months and TPN feeding for several
months," the complaint states. "Plaintiff further developed a
pulmonary embolism, requiring anticoagulation therapy for several months as a
consequence of immobility during hospital admissions to address the
ascites," according to the complaint.
In addition, Morgan fell and broke her nose after
an episode of light-headedness caused by the ascites treatment, requiring
rhinoplasty, according to the complaint. But the consequences do not stop there, she claims.
"Plaintiff also has experienced early
menopause as a consequence of removal of her ovaries and is at increased risk
for coronary artery disease, hip fracture and stroke in the future," the
complaint states. "Plaintiff also suffered depression and mental anguish
as a result of the ascites and its consequences and treatment," according to the complaint.
Morgan says she has incurred insurance co-pay
costs and lost wages totaling $8,000. Her chief claims, however, center on a
failure to obtain informed consent prior to the surgery, negligence, loss of
consortium and battery.
"Plaintiff would not have consented to the
performance of the surgery as to the pelvic lymph node removal and bilateral
salpingo oopherectomy had she been made aware of the risks and benefits
referenced," the complaint states.
She is suing for non-economic damages in the
amount of $950,000.
Jane Clark, of Vancouver, Wash.,
represents the plaintiff.