On February 1, 2022, an obstetrician/gynecologist was found liable for failing to inform a woman that a negative endometrial biopsy does not explain continued postmenopausal bleeding and to return for follow-up if the bleeding continued. The plaintiff's expert testified that the OB/GYN defendant departed from accepted standards of care in failing to to perform a pelvic ultrasound of the ovaries and fallopian tubes. The patient died approximately two years after her last visit to the defendant's office. When discovered, the cancer was found in the patient's ovaries, uterus, vagina, omentum and liver. A radical hysterectomy, chemotherapy and radiation treatments proved futile.
The defense denied fault and argued that the patient was also at fault for neglecting to report her continued postmenopausal bleeding. The jury awarded $1,000,000 for pain and suffering to the Estate of the patient who passed away during the litigation. The jury found the defendant OB/GYN 60% at fault and the patient 40% at fault resulting in a net verdict to the family of $600,000. The decedent's daughter was denied any recovery for loss of parental guidance, presumably, in part, because of evidence that the daughter moved out of her mother's apartment after the cancer diagnosis. Estate of Quintero-Osorio v Holm-Chapman, M.D., 2022 WL 621540