Senior Partner Daniel L. Freidlin was granted summary judgment for our client obstetrician/ gynecologists in Suffolk County Supreme Court. Plaintiff alleged that our three defendant obstetrician/gynecologists negligently performed a hysterectomy and then failed to diagnose a vesicovaginal fistula postoperatively. 聽After conservative treatment with a pessary failed, plaintiff consented to undergo a vaginal hysterectomy as definitive treatment for a complete uterine prolapse. 聽Plaintiff developed urinary incontinence over 4 1/2 months after the surgery and was diagnosed with a vesicovaginal fistula which she claimed was due to negligent intraoperative technique. 聽 聽
In our summary judgment motion, we established that the surgical technique utilized during the surgery was appropriate and that there was no evidence of an intraoperative injury. 聽We argued that vesicovaginal fistula is a known complication of surgery, and that the injury could not have been caused intraoperatively as the plaintiff had multiple normal examinations over the 4 1/2 months before the injury presented. 聽 In granting our motion and dismissing the case, the Court agreed with our position that the plaintiff鈥檚 opposition and expert鈥檚 opinion was speculative and unsupported by the evidence.