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September 21, 1935


JAMA. 1935;105(12):993-994. doi:10.1001/jama.1935.02760380069037

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Malpractice: Injury to Ureter During Hysterectomy; Privileged Communications Statute Applicable to Patient in State Institution.—  The physician-defendant performed a supravaginal hysterectomy on the plaintiff, removing the upper two thirds of the uterus. During this operation, the plaintiff claimed, the defendant negligently injured the left ureter, "resulting in causing an opening in said ureter above the bladder which now permits the urine... to pass... into the cervix stump where the injured portion of the ureter is now fastened, thence through the vaginal passage." Two operations performed by the defendant to correct the condition afforded no relief. In one of these operations, according to the plaintiff's charges, the intestine was lacerated, causing an opening through which gas and fecal matter passed uncontrolled into the vaginal passage and out with the urine. The patient sued the physician for malpractice. Shortly thereafter she was committed to a state institution for the insane and her

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