$1,500,000 Federal Tort Claims Act Recovery

A 50 year old housewife and military dependent went to Patrick AFB for an outpatient hemorrhoidectomy.  The surgeon removed three hemorrhoids and she was discharged home.  She began experiencing intense rectal pain and fecal incontinence immediately after she went home.  After returning to the ER she was diagnosed with incontinence, pain, and protrusion of ‘tissue’ since surgery.  Further examination revealed that she had a dilated anal opening with prolapsing rectum and mucosal inflammation.  The Plaintiff was referred to a colorectal surgeon in Orlando who documented the injuries and accompanying loss of sphincter muscle tissue.  She underwent three additional surgeries, including colostomy to repair the sphincter muscle and its control.

P&K sued the United States for medical malpractice under the Federal Tort Claims Act in federal court.  The government claimed that Plaintiff had a pre-existing rectal prolapse.  There were over $105,000 in medical expenses.  The case settled for $1,500,000 before the defendant surgeon was about to be deposed by P&K.