A North Carolina woman filed a North Carolina medical malpractice lawsuit on September 21, 2017 against Wake Forest Baptist Medical Center and others, alleging that during her surgery to remove uterine fibroids on October 5, 2007, when she was 29 years old, the defendant surgeon implanted a Gore-Tex plastic barrier in her to act as a IUD to prevent conception, without her knowledge or consent. The plaintiff alleges in her North Carolina medical malpractice lawsuit that she specifically told the defendant surgeon that she wanted to be able to have children after her fibroid surgery. She and her husband tried to have children for nearly ten years but were unable to conceive.
When the plaintiff required surgery at Wake Forest Baptist Medical Center on February 7, 2017, she was told by her surgeon that she had the Gore-Tex barrier implanted in her and that the plastic barrier had split in two. As a result, the plaintiff will require a hysterectomy that will prevent her from conceiving a child of her own. The Gore-Tex barrier implanted in the plaintiff had expired on April 21, 2012.
With regard to the corporate defendants, the plaintiff’s North Carolina medical malpractice complaint alleges, “Upon information and belief, after the corporate Defendants had full knowledge of [the defendant surgeon’s] conduct, they condoned his conduct by not taking disciplinary and punitive action against him, including their failure to terminate his staff privileges at the hospital, and by their failure to report him to the appropriate medical authorities.” The plaintiff’s North Carolina medical malpractice complaint alleges fraudulent concealment as well as medical malpractice, and seeks both compensatory and punitive damages in the amount of $10 million.
The defendant surgeon who implanted the plaintiff with the IUD in 2007 was the director of reproductive endocrinology and infertility for nines years at defendant Wake Forest Baptist Medical Center. He left Wake Forest Baptist Medical Center in 2014. The defendant surgeon currently works at the Carolinas Fertility Institute, of which he is the practice founder, with medical offices located in Charlotte, Winston-Salem, and Greensboro, North Carolina.
A search of the North Carolina Medical Board’s website indicates that the defendant surgeon has an active medical license in North Carolina, and he has not reported any medical malpractice actions filed against him. The website also indicates that the defendant surgeon has had no disciplinary actions against him.
If you may have been injured as a result of a foreign object having been left behind following a medical procedure in North Carolina or in another U.S. state, you should promptly consult with a North Carolina medical malpractice lawyer (or a medical malpractice lawyer in your state) who may investigate your foreign object medical malpractice claim for you and represent you in a foreign object medical malpractice case, if appropriate.
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