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Was this bowel perforation the result of negligence?

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FACTS The patient had a significant past medical history, including a gastric banding procedure for morbid obesity (body mass index 44), and admission for laparoscopic removal of the lap band when it "slipped." Her various clinic records-primarily in gynecology/ urology-documented a history of fibroid uterus with menorrhagia and an initial disinclination to undergo surgery to deal with it. Notes about surgery for the woman's fibroids indicate that the procedure was scheduled for February 7 and express concern about "risk of operation." On February 7, the patient was admitted to defendant hospital for the surgery, which was documented as having occurred from 10:50 a.m. to 12:16 p.m. The residents who assisted Defendant attending were Drs. A and B. A vaginal hysterectomy was performed, and the woman's right fallopian tube and right ovary were removed. Defendant attending indicated she could not completely visualize the left fallopian tube due to its adherence to the bowel.

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