Runyan v. Semmens

STONE, J.

Defendant doctor appeals from an order granting motion for a new trial after defense verdict in a malpractice action.

Plaintiffs are husband and wife and their interests are identical insofar as this appeal is concerned. For convenience, Aliene Runyan, who was defendant’s patient, is hereafter referred to as “plaintiff.”

Defendant performed a partial hysterectomy upon plaintiff for removal of the cervical stump left from an operation performed several years earlier. Defendant testified that during the course of the operation plaintiff’s bladder was “inadvertently” lacerated. This %-inch hole was immediately sutured. However, the operation required other suturing, in the course of which defendant “inadvertently” caught the right ureter with the suture cord and completely blocked it. This prevented the passage of urine through the ureter, a tube several inches long running from the kidney to the bladder. The ureter became distended with accumulated urine, which finally backed up into plaintiff’s kidney. Within 24 hours plaintiff was in extreme pain, particularly in the abdominal region around the area of the operation. She notified defendant, who suspected the ureter was blocked off. His suspicions were confirmed by a pyelogram taken four days after the operation. Defendant discussed the results of the pyelogram test with Dr. Martin, a specialist in urology, who, to save plaintiff’s kidney, performed an emergency operation, assisted by defendant.

During the course of the emergency corrective operation, the ureter was found to be “grossly enlarged.” The sutures were located buried in the swollen ureter. To relieve the blocked area, a section of the ureter above the point where it had been inadvertently sutured was severed and tied, and the severed ureter was transplanted in the bladder. Two catheters were installed, and plaintiff remained in the hospital until April 19, at which time she was discharged to go home. Some two weeks after discharge from the hospital, defendant examined plaintiff to discover the cause of “leaking urine” and found a “fistula” or small hole in her bladder.

[104]

To close this fistula a series of six operations were performed, three by defendant and three by a specialist in San Francisco to whom plaintiff was referred. The final operation by the San Francisco specialist closed the fistula.