$360,000 settlement for poor treatment of a peritoneal cyst leading to unnecessary surgeries

Our client had a history of lower abdominal pain and menorrhagia (menstrual periods with abnormally heavy or prolonged bleeding). She had a left ovarian cyst removed in 2013, followed by a total abdominal hysterectomy with bilateral salpingectomy and right oophorectomy in August 2018. 

Our client continued to experience lower abdominal pain following these surgeries. In April 2019, our client underwent an ultrasound which revealed a 6cm cyst adjacent to her left ovary. In June 2019, our client underwent a repeat ultrasound which noted that the cyst had increased in size since the previous ultrasound. 

Our client’s obstetrician/gynaecologist did not perform an MRI although it was indicated. 

In July 2019, our client underwent a laparoscopic drainage of the left peritoneal cyst. A few weeks later, our client was readmitted to hospital for persistent abdominal pain. 

An ultrasound revealed a large volume of fluid in the pelvis. The fluid collection was drained under CT guidance and the fluid produced a heavy growth of E. faecium which was treated with intravenous antibiotics. The next week, our client’s colorectal surgeon found a 1cm distal sigmoid perforation with adjacent abscess. Her procedure was carried out with a left sided colostomy. 

GMP received supportive opinions from experts that, had the cyst simply been drained, our client would have avoided the sigmoid perforation to her bowel and the subsequent laparotomy, colostomy, and the associated scarring to her abdomen.