Lourdes Maldonado, a 34-year-old mother from Chicago, recently filed a medical malpractice lawsuit in Cook County through Zayed Law Offices against Mount Sinai Hospital after receiving a tubal ligation without her consent that resulted in her partial sterilization.
On May 16, 2021, Maldonado was admitted to Mount Sinai Hospital where she underwent an unplanned c-section. While under general anesthesia after the c-section was successfully completed, an assisting surgical resident incorrectly informed the lead surgeon to perform a tubal ligation. After the right-side tubal ligation was completed, the surgeon only then realized and verified that the patient never requested or consented to the procedure.
According to Maldonado's lawyer Adam Zayed, this is not only a violation of the standard of care, but it is also a violation of applicable policies and procedures as well as hospital negligence. It is the surgeon's responsibility to obtain and verify informed consent from a patient prior to performing an elective surgery.
“This negligent action has greatly reduced Lourdes' ability to conceive despite her desire and efforts to grow her family over the last year,” added Adam Zayed, founder and managing attorney at Zayed Law Offices.
“I feel betrayed by the doctors and hospital for allowing such a negligent act to occur. I am devastated to learn that I may not be able to continue to grow my family like we've always dreamed,” said Maldonado. “This experience has traumatized me, and I want to share my experience in the hope that something so preventable will never occur at Mount Sinai or elsewhere ever again.”
The malpractice and medical battery case was filed in the Circuit Court of Cook County on June 22. As required in the state of Illinois to file a malpractice claim, a board-certified medical expert confirmed there is merit for filing the action due to the Defendants' breach of the standard of care, and the Defendants' failure to obtain consent from the patient in a non-emergency situation also constituted a medical battery.
“This was a 'never event,' meaning it was clearly identifiable, preventable and avoidable—something that should never happen. There are numerous policies and redundancies in place to prevent negligence like this from occurring, but clearly there was a breakdown on May 16, 2021. It is Mount Sinai's responsibility to do what is right here and bring justice to Lourdes,” said Zayed.