Doctors removed a patient's ovaries without her knowledge or consent, lawsuit claims
According to a lawsuit filed in Wisconsin, a woman who had part of her colon removed was shocked to later find out she had no ovaries.
The state Supreme Court heard oral arguments on Tuesday from Melissa Hubbard and her attorney, who claim that, in 2018, her gynecologist recommended to the surgeon performing the partial colectomy that Hubbard’s ovaries also be removed to treat an ongoing pain issue. Hubbard said she did not want the surgery at the time and now claims the doctors went behind her back.
The gynecologist, Carol Newman, MD, is named in the lawsuit, which accuses her of medical negligence.
Newman’s attorneys asked the court to dismiss the case, arguing that her advice to the surgeon is not at odds with state law, which requires informed consent for a procedure. In short, Newman contends that informing Hubbard about the removal of her ovaries was the surgeon’s responsibility.
A lower district court ultimately declined to throw out the lawsuit, which is why the matter is now being litigated in front of the highest court in the state.
“[The] duty to inform a patient about ‘the availability of reasonable alternative medical modes of treatment and about the benefits and risks of these treatments’ applies to any physician who treats a patient, regardless of whether that physician actually performs the disclosed treatment options,” a state appeals court wrote when siding against Newman’s motion to dismiss.
The surgeon, Michael McGauley, MD, is also named in the complaint, as he’s being accused of failing to inform Hubbard about his intent to remove her ovaries. The lawsuit also alleges that there was a discussion about removing Hubbard’s uterus, which McGauley did not do.
Hubbard contends she was never made aware of these conversations.
The Wisconsin Supreme Court will now decide if the case can move to trial. It is not clear when the court will release a decision.
For more, read the report from the Wisconsin Examiner at the link below.
Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.