Fire in the operating room, more dangerous than you can imagine

Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassNovember 10, 2009 5:59 PM

The Supreme Court of Virginia has recently upheld a verdict against an Alexandria Virginia surgeon in a case that highlights the danger known to the medical profession.

Rita Talbert went to Alexandria Hospital for simple thyroid surgery in 2005. This was to be an outpatient surgery. During the surgery oxygen was ignited in a flash fire erupted in the operating room. Ms. Talbert was severely burned, has had to undergo many surgeries and, according to published reports, has incurred medical bills in excess of $500,000.

The hospital and the anesthesiologists settle the case before trial for a total of $710,000. Virginia's damages for malpractice cases occurring in 2005 at $1.75 million.

Debra Hutchins MD, the surgeon, according to published reports, refused to settle the case.

And Alexandria jury awarded Ms. Talbert $4 million as full compensation for her injuries. The verdict was reduced to Virginia's cap on damages and that further reduced for the amounts she had previously received and settlement.

Dr. Hutchins appealed the verdict and raised several issues however the Supreme Court of Virginia throughout the appeal ruling that it had not been filed on time.

Operating room fires occur hundreds of times a year with many of the injuries resulting in serious, disfiguring burns. The risk of injury can be reduced when the surgeon and the anesthesiology team communicate well and titrate the amount of oxygen being used at the time an instrument such as a cautery is being "fired up."

Here is another report on this terrifying ordeal which an Alexandria jury felt was the result of carelessness.

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