Senior Trial Partner, Bruce G. Habian, obtained a defense verdict in Supreme Court, New York County. In this case, the 39-year-old female plaintiff had an extensive workup for pre-cancerous cervical pathology before becoming a patient of our client an OB/GYN surgical oncologist. The workup included Pap smears, colposcopy diagnostic procedures, cervical biopsies, electrical excisional procedures (LEEP), and endocervical studies - all productive of recurrent high-grade cervical dysplasia. The defendant continued this workup with the same studies, which continued to demonstrate recurrent cervical lesions. The plaintiff decided on a hysterectomy to obviate the need for further diagnostic workup. She claimed at trial that the defendant “pushed her” into this procedure. The defendant maintained that the patient requested the hysterectomy. The hysterectomy was complicated by urologic injury. The case concerned a pure credibility issue; the doctor’s records supported his position. The defense jury verdict was unanimous.
