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UW Hospital sued for malpractice
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by Michelle Orris
Thursday, November 6, 2003
Jurors debated late into the night Wednesday about whether to penalize University of Wisconsin hospital doctors for alleged malpractice and negligence in a surgical procedure on the spine four years ago.
A 49-year-old woman has sued four doctors for medical malpractice regarding a surgical accident she said would never have occurred had they informed her of all potential risks beforehand. Attorneys made their closing statements Wednesday evening, and the jury had not reached a verdict at the time of this newspaper publication.
According to prosecuting attorney Pamela Smoler, UHS doctors “grinded” at blood vessels that should not have been touched during an October 1999 procedure on the spine meant to alleviate Karen Suchomel’s chronic back pain. Suchomel immediately started “bleeding profusely,” Smoler said.
“If there had not been a vascular surgeon down the hall, she would have died,” Smoler said.
As a result of the accident, Suchomel suffered blood clots on the right and left sides of the graft last April and September, and if the clots had reached her heart she would have been in serious danger, Smoler said.
The prosecuting attorney said the doctors refused to apologize or explain the mistake after the accident and did not warn her of the risks involved in the procedure.
“They wouldn’t tell her what happened, or how it happened,” Smoler said.
According to the criminal complaint, Suchomel said she would not have undergone the procedure if she had realized the severity of the potential risks, and she now faces lifelong treatment without any compensation from University Hospital.
Smoler said permanent side effects of the surgical mistake include ulcers, pain and swelling in Suchomel’s legs, and she must take medication and periodically wear braces similar to blood-pressure cuffs on her legs.
“This only gets progressively worse,” Smoler said.
Suchomel sued the doctors for negligence in her consultations prior to surgery and negligence throughout the procedure itself.
Judge Michael N. Nowakowski instructed jurors they could only reward damages to Suchomel if they believed the doctors had not exercised reasonable “skill, care and judgment” in their actions and their negligence was a factor in Suchomel’s surgical injury.
Suchomel sought damages for all medical expenses and potential wage losses, as well as compensation for her husband, who would never be able to engage in sexual relations with his wife again.
The doctors involved in the suit included Daniel Resnick, an assistant professor of neurological surgery, Michael Schurr and Jon Gould, assistant professors of surgery, as well as John Sandin, a member of general surgery faculty.
Defense attorneys involved in the case were unavailable for comment.
