In 2020, Bogoroch & Associates LLP argued a case wherein the plaintiff suffered damages to her bladder during a hysterectomy, requiring her to undergo seven repair surgeries. Despite bladder injury being a known complication of the procedure, the firm was successful in arguing at trial that the placement of sutures in Ms. Boutcher’s bladder was a result of negligence.
“The framing of the issue was absolutely critical: is bladder injury a known complication of a hysterectomy? Certainly, it is. But that does not mean the manner in which the procedure was conducted was okay,” says Toby Samson, partner at Bogoroch & Associates LLP and one of the lawyers for the plaintiff in Boutcher v. Cha. “The Canadian Medical Protective Association’s (CMPA) entire case was that the injury was a known complication, and thus defensible. While we agreed that a bladder injury is a known complication – we argued that the mechanism of how the injury occurred was negligence.”
In an upcoming webinar, Known Complications Can Still be Negligent, Samson is joined by fellow Bogoroch & Associates LLP partner Mahsa Dabirian in addressing the challenges of proving a medical malpractice claim where the poor outcome is considered a known complication of a procedure.