Jury Clears OB-GYN in Medical Malpractice Lawsuit Over Hysterectomy

Turner v. Weeks

Case Background

Cause

In 2018, Cora Turner, then 48, sought treatment from Dr. Thomas Weeks, an OB-GYN, for a history of abdominal surgeries. She had previously been treated for an enlarged uterus and fibroids. Her symptoms persisted until March 25, 2019, when Dr. Weeks performed a total hysterectomy at River Region Hospital. The procedure appeared to go smoothly.

Turner was discharged the following day but returned to Merit Health General soon after, complaining of abdominal pain. Dr. James Rooks conducted an exploratory laparotomy, which he later converted to an open procedure. He repaired a perforated colon, performed a small bowel resection, and placed a colostomy.

Injury

Turner faced severe complications, spending two weeks in the ICU battling sepsis and respiratory distress. She was released from the hospital on April 12, 2019, and the colostomy was reversed in August. The recovery after the hysterectomy was undoubtedly difficult for Turner.

After her surgery, Turner did not see Dr. Weeks again. The next time he heard from her was in 2021 when he received a pre-suit notice letter.

Damages

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Cora Turner
  • Counsel for Plaintiff(s): John L. Walker | Gloria J. Green
  • Experts for Plaintiff(s): Dr. William Irvin | Dr. Michael Hellinger

• Defendant(s): Dr. Thomas Weeks
  • Counsel for Defendant(s): R.E. Parker, Jr. | Penny B. Lawson,
  • Experts for Defendant(s): Dr. Jermaine Gray | Dr. David Schwartz

Claims

Turner filed a lawsuit, accusing Dr. Weeks of medical malpractice in several ways. She claimed that he performed the hysterectomy despite her prior abdominal history. She also alleged that he injured her rectum during the surgery and failed to recognize the injury before closing her. Turner argued that Weeks discharged her the day after surgery, even though her high white blood cell count suggested a septic complication. Additionally, Turner claimed that Weeks “abandoned” her after the surgery and left town.

Defense

Weeks defended himself on multiple grounds. He argued that the surgery was necessary and that he did not injure Turner.

Weeks also disputed some of Turner’s claims. While Turner accused him of “abandoning” her the day after the surgery, he recalled seeing her. He also explained that discharging Turner 22 hours after surgery was a reasonable decision. Her condition was stable, her vitals were normal, and she was eager to go home.

Expert Testimony

Turner built her case with the help of two experts: Dr. William Irvin, an Ob-Gyn from Newport News, VA, and Dr. Michael Hellinger, a colorectal surgeon from Coral Gables, FL.

Weeks’ experts, Dr. Jermaine Gray, an OB-GYN from Jackson, and Dr. David Schwartz, a pathologist from Augusta, GA, disagreed with Turner’s claims. They described the rectal injury as very small and considered it a “late leak” complication that occurred after the surgery. Schwartz based his opinion on pathology slides, while Gray’s expert disclosure suggested that if the injury had been acute, it would have been immediately noticeable. He also noted that the injury was not consistent with trauma, as Weeks was not working in the area of the rectum.

Jury Verdict

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com