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Example of a Lap Chole Medical Malpractice Lawsuit Filed in Baltimore City

Harrington v. Sinai Hospital

(Filed January 19, 2016)


  • Baltimore City


  • A surgeon
  • Sinai Hospital of Baltimore, Inc.


  • Sinai Hospital
  • Northwest Hospital

Summary of Plaintiff’s Allegations

This is a lap chole case. A woman presents to the Sinai office of the defendant doctor after being diagnosed with gallstones. The doctor recommends that the woman’s gallbladder be removed via robotic surgery.

The woman presents to Northwest Hospital for surgery. The gallbladder is completely removed using robotic instruments. The doctor closes the fascia (surrounding tissue) herself after the procedure is concluded. The woman is discharged home later that day.

In the days after being discharged, the woman develops abdominal pain which progressively worsens. The woman reports to the emergency room at Sinai Hospital. A CT of her abdomen is ordered, and she is admitted to the ICU. The CT shows evidence of fluid collection around the abdominal wall and a small bowel obstruction.

The following day the woman is seen for a surgical evaluation. Concerned about a bowel injury, the doctor recommends an exploratory laparotomy. Upon entry into the fascia surgical wound, small bowel contents begin gushing out from inside the abdominal cavity. The fascial suture placed by the previous doctor in the gallbladder removal surgery had caused two 5 cm perforations in the abdominal wall.

The woman undergoes extensive treatment to free the bowel, washout the abdomen, and resection portions of the bowel to prevent tissue infection. She is transferred back to the ICU at Sinai Hospital where she remains for about a month.

The woman brings a medical negligence lawsuit in Baltimore City, alleging that Sinai Hospital and its doctor breached the standard of care by failing to properly close the abdominal wall during surgery and failing to avoid injuring the intra-abdominal structures when closing the abdominal wall. The woman alleges that as a result of the defendants’ negligence, she has been, and will in the future, be forced to sustain severe emotional pain and suffering, prevented from engaging in her usual employment, and forced to incur hospital and medical expenses.


  • Abdominal SurgeryFailed to properly close the abdominal wall during surgery
  • Failed to avoid injuring the intra-abdominal structures when closing the abdominal wall

Specific Counts Pled

  • Negligence

Plaintiffs’ Experts

  • Brian Carmine, M.D. FACS – board certified in general surgery; licensed to practice medicine in the Commonwealth of Massachusetts

Additional Comments

  • Most lap chole cases never make it to the courthouse because the victims cannot find a malpractice attorney. Why? Usually, the damages do not warrant the cost of a malpractice case even if a second surgery is required. In this case, the woman had severe abdominal sepsis and was apparently still having complications ten months after the surgery.
  • We have not seen many lap chole cases resulting from robotic surgery. But they are bound to increase because many surgeons today prefer to perform this procedure robotically.
  • Our firm has won a $1.1 million verdict and settled other serious injury and wrongful death lap chole cases.

Getting a Lawyer for Your Malpractice Claim

If you have been harmed by a surgical error, we can help you get the justice and compensation you deserve. Miller & Zois has a history of results, earning large verdicts and settlements in surgical malpractice injury and wrongful death cases. Speak to an attorney today at 800-553-8082 or get a free, no obligation online case review.

More Malpractice Claim Information

  • What is the settlement value of a lap chole case?
  • Get information on surgical malpractice cases in the Baltimore-Washington area.
  • Robotic surgery problems: defective product or general medical negligence
  • What is the most money you can get for a Maryland medical malpractice claim?
  • CALL 800-553-8082 or get a free online medical malpractice serious injury and wrongful death claims. Miller & Zois claims throughout the entire state of Maryland.
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