$1.3 Million Settlement Reached in Unnecessary Gynecological Surgery

Yahaira Perez, 39, experienced pain in her right upper quadrant. She went to a hospital emergency room where a CT scan revealed thickening of the colon and an incidental finding of an enlarged cervix with a 2.5 cm lesion.

Perez consulted her gynecologist, Dr. Mohammad Nizam, who scheduled her for emergency surgery to remove her cervix.

Post-operatively, the cervical pathology showed that Perez suffered from chronic cervicitis and a cyst instead of cancer. As a result of the unnecessary surgery, Perez suffered nerve damage and pelvic prolapse.

She sued Dr. Nizam, alleging lack of informed consent and the unnecessary surgery and claimed that the defendant doctor had chosen not to perform conservative tests to evaluate the cervix and should have referred her to a gastroenterologist. There was no claim for lost income.

There was a jury trial, which ended with a verdict in Perez’s favor for $1.7 million. The parties later settled the case for $1.3 million.

The attorney successfully handling this case for Perez was Susan Dennehy.

At trial, Perez’s attorney presented an expert in gynecology while the defendant presented an expert in gynecological oncology.

Perez v. Nizam, No. 711077/16 (N.Y. Sup. Ct. Queens County, June 28, 2022).

Kreisman Law Offices has been handling birth trauma injury lawsuits, birth injury cases, cerebral palsy lawsuits, brain damage lawsuits, misdiagnosis of cancer cases, and medical negligence cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Schaumburg, Palatine, Prospect Heights, Morton Grove, Elmhurst, Addison, Roselle, Itasca, Streamwood, LaGrange, Downers Grove, Lisle, Forest Park, Chicago (Belmont Central, Bucktown, Humboldt Park, Old Town, Near North Side, Printer’s Row, South Loop, Near West Side, Lower West Side, West Town, Park West, Avondale, Auburn Gresham, Chatham, Morgan Park, Mount Greenwood), Midlothian, Robbins, Burr Ridge, and Wheaton, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.