Date: 10-23-2024

Case Style:

Patsy Newton v. Dr. Kelly Shurm

Case Number: 22cv-14-6

Judge: Robert B. Gibson, III

Court: Circuit Court, Drew County, Arkansas

Plaintiff's Attorney:

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Defendant's Attorney: Paul D. McNeill and Distin R. Darst

Description:

Monticello, Arkansas medical malpractice personal injury lawyer represented the Plaintiff.

In January 2012, Newton was referred by her treating physician to Dr. Shrum, a gynecologist practicing in Monticello, Arkansas, due to severe pelvic pain. While Newton had undergone a total abdominal hysterectomy in 2007, she had retained both her fallopian tubes and her ovaries, where large ovarian cysts had formed. Newton also suffered from stress incontinence. After Newton's initial visit, Dr. Shrum proposed performing a laparoscopic bilateral salpingo-oopherectomy (LBSO), a surgery that removes both of the patient's ovaries and her fallopian tubes. Newton agreed, and surgery was scheduled for January 25, 2012, at Drew Memorial Hospital.

Prior to the LBSO, Dr. David Lupo performed a cystoscopy, a procedure that allows a doctor to view the inside of the bladder and urethra, and he placed bilateral ureteral stents inside Newton. Dr. Shrum performed the LBSO, and then Dr. Lupo performed a pubovaginal sling, a surgery that repairs, supports, and prevents urine leaks. Dr. Shrum's surgical notes indicated that he removed both ovaries and fallopian tubes and sent them to pathology.

Newton continued to experience severe abdominal pain after the surgical procedures, necessitating a visit to the Bradley County Medical Center emergency room on February 23; she was transported to Drew Memorial Hospital where she was admitted. Newton was seen by Dr. Shrum on February 24; in his discharge summary, he noted that Newton was four weeks post LBSO with PV sling. Newton had a follow-up visit with Dr. Shrum on February 27; at that time, he performed an ultrasound and informed Newton that he had found a cyst on her left side. Newton followed up with her treating physician and was ultimately referred to UAMS Women's Clinic, where a July 2, 2012 ultrasound revealed that her left ovary contained a large cyst, which was surgically removed on March 7, 2013.

Newton filed a medical-malpractice action in the Drew County Circuit Court on January 10, 2014, alleging that Dr. Shrum was negligent in failing to remove her left ovary in the January 25, 2012 surgery when he indicated that he had removed both of her ovaries and her fallopian tubes. Newton alleged that Dr. Shrum failed to properly diagnose her
condition; caused a delay in the proper diagnosis of her condition; failed to properly perform the LBSO; failed to inform her or obtain her consent regarding the possibility that an ovary may not have been removed; and failed to properly diagnose the failure to remove her left ovary and that his negligence was the proximate cause of her damages. Dr. Shrum denied that he was negligent in performing Newton's surgery.

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Newton v. Shrum, 2024 Ark.App. 507, CV-23-386 (Ark. App. Oct 23, 2024)

Outcome: Motion for summary judgment granted.

Affirmed

Plaintiff's Experts:

Defendant's Experts:

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