Dr. Burch hit with another med mal suit

Steve Gonzalez Jul. 31, 2006, 6:11am

Greenville Regional Hospital

Sara Byrd of Coffeen filed a medical malpractice suit against Gayle Burch, M.D. and Greenville Regional Hospital claiming that she unnecessarily underwent a total hysterectomy.

According to the complaint filed July 25 in Madison County Circuit Court, Byrd became a patient of Burch when she was 25-years-old on May 10, 2004.

She claims that on July 19, 2004, based solely on a clinical exam, Burch diagnosed her with endometriosis and insisted the only course of medical treatment was a total hysterectomy.

"Burch, in fact, advised Byrd that her condition could become cancerous, leaving her with no choice than a total hysterectomy with ovarian removal," the complaint alleges.

Byrd claims that on Aug. 3, 2004, Burch negligently performed the hysterectomy, including the removal of her only remaining ovary, when there were no clinical or diagnostic indications that such a radical surgery was necessary or indicated.

Byrd also claims Burch negligently misrepresented the diagnostic pre-operative tests performed and based her decision to do the hysterectomy on negligent interpretation of those studies.

The complaint alleges that Burch failed to obtain a second opinion from another qualified physician or surgeon regarding the radical surgical procedure and failed to advise her that there were other, less invasive and more conservative medical options available.

According to Byrd, she sustained damages in that she is now required to maintain a hormonal replacement regimen and has and will be required to seek and pay for medical services directly related to the unnecessary surgical procedure.

Byrd also claims that she has in the past and will again in the future suffer physical and psychological pain as a result of the surgery.

She claims the hospital allowed Burch to use its operating room to perform a hysterectomy when it knew, or should have known that the procedure was unnecessary and not indicated clinically.

Byrd also claims that Greenville Hospital failed to supervise Burch in the operating room and negligently provided nursing and other employees to assist Burch in the performance of the hysterectomy.

Represented by Robert Gregory of East Alton, Byrd is seeking damages in excess of $100,000, plus all costs of the suit.

This is the third medical malpractice lawsuit filed against Burch by Gregory since May 2.

The case has been assigned to Circuit Judge Daniel Stack.

06 L 629

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