Woman claims hysterectomy wrongfully performed

Donna Hasenmyer of Sorento filed a medical malpractice suit against Gayle Burch, M.D. and Greenville Regional Hospital claiming that she underwent a total hysterectomy even though there was no clinical or diagnostic indications that it was necessary.

According to the complaint, Hasenmyer became a patient of Burch when she was 39 years old on March 22, 2004.

She claims that on April 2, 2004, Burch performed a diagnostic laparoscopy, adhesional lysis, fulgetation of left ovarian cyst, and dilation and curettage (D&C) to rectify menstrual problems.

Hasenmyer claims that all the surgical pathology reports following the procedures were negative for hyperplasia, malignancy or endometriosis. But on April 29, 2004, a hysterectomy was performed after she was diagnosed with dysfunctional uterine bleeding and submucosal/endometrial fluid.

The complaint alleges that Burch failed to obtain a second opinion from another qualified physician or surgeon regarding the radical surgical procedure, failed to advise her that there were other, less invasive and more conservative medical option available, and negligently caused an intra-operative bladder laceration and an incisional hernia during the hysterectomy which necessitated catheter placement and subsequent medical care.

According to Hasenmyer, 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 she was subjected to.

She 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.

Hasenmyer 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, Hasenmyer is seeking damages in excess of $100,000, plus all costs of the suit.

The case has been assigned to Circuit Judge Don Weber.

06 L 388