A Cut Too Deep
From Routine Surgery to Fight for Survival: A Pittsburgh Medical Malpractice Case Study
When “Emily,” a 44-year-old bank manager from Westmoreland County, went in for a routine microdiscectomy to relieve back pain, she expected a quick recovery and a return to her quiet, private life. Instead, a catastrophic surgical error left her fighting for her life on the operating table. The surgeon’s negligence caused massive internal bleeding, leading to cardiac arrest, multiple emergency surgeries, and permanent physical and psychological scars. This case study details how the Pittsburgh medical malpractice attorneys at Lupetin & Unatin, LLC fought to secure justice for Emily, obtaining a substantial settlement that allowed her to rebuild her life with dignity and security.
A Simple Life, Interrupted
Emily was a woman who cherished her privacy. She and her husband, “Mark,” lived a simple, contented life in a small town outside of Pittsburgh. Married for 18 years, they were a close-knit team. Emily took pride in her work as a branch manager and enjoyed the quiet comfort of her home. She wasn’t someone who sought attention; in fact, she actively avoided it. Her medical history was unremarkable, save for the recent back pain that had led her to seek surgical relief.
In April 2017, Emily was admitted to a Pittsburgh-area hospital for a microdiscectomy—a common, minimally invasive procedure designed to remove a herniated disc pressing on a nerve. The goal was simple: relieve the pain in her legs so she could get back to work and her daily walks. She trusted her neurosurgeon to perform the procedure with the care and precision it required. She had no idea that this trust would be shattered in the most violent way possible.
The Medical Error: A Cut Too Deep
During the surgery, the defendant neurosurgeon was removing the damaged disc material. The standard of care for this procedure requires meticulous control of surgical instruments to prevent them from going too deep into the disc space, beyond the anterior (front) wall of the spine. Directly in front of the spine lie major blood vessels—the aorta, the vena cava, and the iliac vessels—that carry massive amounts of blood to and from the heart.
Tragically, the surgeon failed to maintain this crucial control. He advanced his instruments too far, breaching the anterior annulus of the disc and the anterior longitudinal ligament. In doing so, he lacerated Emily’s left iliac artery and punctured both her left iliac vein and aorta.
The immediate aftermath was chaotic and terrifying. Emily’s blood pressure plummeted. The surgeon, initially unaware of the catastrophe he had caused, closed the incision and rotated her onto her back. It was only then that the medical team noticed her abdomen was distended—it was filling with blood.
Emily had suffered a massive abdominal hemorrhage. She went into cardiac arrest, requiring 10 minutes of CPR to restart her heart. Vascular and general surgeons were called in for an emergency exploratory laparotomy to find the source of the bleeding and save her life. They found active hemorrhaging from the major vessels the neurosurgeon had damaged.
The Harm Caused: Scars That Are More Than Skin Deep
The physical toll on Emily was immense. To access and repair the damaged vessels, surgeons had to make a large, vertical incision down the length of her abdomen. This emergency surgery, while lifesaving, left Emily with a significant, disfiguring scar that bisected her abdomen and obliterated her belly button. For a younger woman who valued her privacy and modesty, this permanent alteration of her body was a source of deep distress.
The damage extended beyond the blood vessels. The loss of blood flow caused ischemia (lack of oxygen) to her colon, necessitating the removal of a portion of her bowel and the creation of a colostomy. She woke up from back surgery not only fighting for her life but also attached to a colostomy bag—a nightmare scenario for someone who found even routine medical attention embarrassing.
Emily spent over two weeks in the hospital, battling respiratory failure, blood clots, and pulmonary emboli. During this time, her quiet life was upended. Family and friends, terrified she might die, flocked to the hospital. For Emily, this well-meaning attention was overwhelming. She felt exposed and vulnerable, her private medical crisis becoming a public spectacle among her social circle. The trauma of “almost dying” and the invasive nature of her recovery left her with severe Post-Traumatic Stress Disorder (PTSD). She suffered from flashbacks, nightmares, and a profound fear of doctors and medical procedures.
Furthermore, she suffered a hypoxic/anoxic brain injury due to the cardiac arrest and blood loss. Neuropsychological testing later confirmed that she had deficits in memory, learning, and executive function—cognitive impairments directly linked to the lack of oxygen her brain received during the code.
The Need for Legal Representation
Emily and Mark were devastated. They were facing a future filled with medical appointments, potential future surgeries (including the reversal of the colostomy), and the psychological burden of her trauma. They needed answers. How could a routine back surgery go so wrong?
They turned to Lupetin & Unatin, LLC for help. Our team of veteran medical malpractice lawyers immediately launched a comprehensive investigation. We obtained thousands of pages of medical records and retained top-tier experts to review the case.
We consulted with a world-renowned neurosurgeon, who reviewed the operative reports and imaging. His conclusion was clear and damning: violating the anterior disc space and injuring the great vessels is an “eminently avoidable complication”. He opined that the defendant surgeon deviated from the standard of care by failing to control his instruments, directly causing the vascular injury.
We also retained a prominent local clinical neuropsychologist, to assess Emily’s cognitive state. His testing confirmed that her memory lapses and cognitive struggles were real and were caused by the cerebral anoxia she suffered on the operating table, compounded by her severe PTSD.
Armed with this expert evidence, we filed a lawsuit in the Court of Common Pleas of Allegheny County, alleging professional negligence against the surgeon and the hospital. We argued that the surgeon failed to adhere to basic safety protocols that would have prevented him from plunging his instruments into Emily’s abdomen.
A Measure of Justice: The Outcome
Litigation cannot undo the past. It cannot erase the scars, restore the lost memories, or give Emily back the sense of security she lost that day. However, it can provide accountability and the resources needed to build a new future.
Through aggressive advocacy and meticulous case preparation, Lupetin & Unatin, LLC was able to secure a multi-million dollar confidential settlement for Emily and Mark. This settlement was a recognition of the immense pain and suffering Emily endured—the physical pain of multiple surgeries, the indignity of the colostomy, the permanent disfigurement of her abdomen, and the lasting psychological trauma.
The Impact: The settlement provided Emily and Mark with the financial freedom to make a significant change. Seeking to reclaim the privacy and peace that had been stolen from them, they were able to purchase a beautiful new home in the countryside. This move allowed Emily to distance herself from the prying eyes and constant reminders of her ordeal. It gave her a sanctuary where she could focus on her healing, surrounded by nature and supported by her devoted husband.
While she still lives with the physical reminders of the negligence—the scar where her belly button used to be, the occasional cognitive fog—she now has the security to know she is taken care of.
Why Choose Lupetin & Unatin?
This case highlights the catastrophic consequences of surgical negligence and the profound impact it has on a patient’s life. At Lupetin & Unatin, LLC, we understand that behind every medical malpractice case is a human story—a life interrupted. We are dedicated to fighting for clients like Emily, using our expertise and resources to hold negligent providers accountable and secure the justice our clients deserve.
If you or a loved one has suffered a serious injury due to surgical error in Pittsburgh or anywhere in Pennsylvania, contact us today. We are here to listen, to investigate, and to fight for you.
Key Legal Takeaways from this Case:
- Vascular Injury in Spine Surgery: Injuries to the aorta or iliac vessels during lumbar disc surgery are rare but are often considered evidence of negligence (breach of the standard of care) because the surgeon is required to maintain control of instruments within the disc space.
- Cognitive Damages: Medical malpractice cases often involve “invisible” injuries. In this case, proving the link between the cardiac arrest/blood loss and the patient’s subsequent memory problems was crucial to maximizing the value of the claim.
- Noneconomic Damages: A significant portion of the settlement value was driven by the “noneconomic” damages—the pain, suffering, disfigurement (the abdominal scar), and loss of life’s pleasures (privacy, peace of mind) that the client experienced.
Disclaimer: The case study described above is based on a real matter handled by Lupetin & Unatin, LLC. Names and identifying details have been changed to protect the privacy of the clients. Past results do not guarantee future outcomes.