Video has become fixture in malpractice suits
October 1, 1998 2 minutes read
Video has become fixture in malpractice suits
Both sides have used video evidence
There still may be many unanswered questions about how to reduce the liability associated with videotapes, but it is clear that tapes have become a fixture in medical malpractice cases. Here is a look at how tapes have been used in two recent malpractice lawsuits:
· In a surgery malpractice case, the videotape of the procedure almost sank a surgeon with a graphic depiction of an apparent error. The case involved surgeon Dong-Soo Shin, MD, in Los Angeles, who was sued after performing a laparoscopic cholecystectomy on a 28-year-old woman in 1992.1 The patient alleged that Shin burned the gallbladder during the procedure and left behind about eight gallstones, after spilling 15 while trying to remove the organ. The remaining stones were found soon after by an obstetrician performing a cesarean.
The patient's attorney argued that the surgeon should have told the woman about the spilled gallstones and taken the steps necessary to retrieve them. Because of the stones, the woman's subsequent pregnancy was unnecessarily painful and difficult, he alleged. The defense attorney, Michael Trotter, JD, in Long Beach, CA, says the videotape was a major threat because it graphically showed the gallstones being spilled. He says the tape easily could have resulted in a large award to the plaintiff, but he countered with expert testimony that spilling gallstones was not below the standard of care in 1992. Even though he won the case, Trotter says the videotape was a formidable obstacle he does not want to face again.
· Another surgery case shows that a videotape can be a great asset to the defense. In that case, surgeon Lauren Bower, MD, of Los Angeles performed laparoscopic surgery on a 57-year-old woman, with extensive lysis of adhesions.2 The woman's bowel was injured in the procedure, leading to severe complications. When she sued the doctor, defense attorney William Callaham, JD, of Los Angeles, immediately reviewed the videotape of the procedure.
He found that the tape clearly supported the surgeon's claim that she had not made any grievous errors and that the bowel injuries were not below the standard of care. The case hinged on whether the doctor had adequate exposure and visualization before making cuts, and Callaham successfully used the videotape to prove she did.
References
1. Diane Williams v. Dong-Soo Shin, MD, Los Angeles County (CA) Superior Court, Case No. 016556.
2. Barbara Swartz v. Lauren Bower, MD, El Dorado County (CA) Superior Court, Case No. SV94-3338.
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