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 Woman sues doctor over 'wrongful' full hysterectomy 

Woman sues doctor over 'wrongful' full hysterectomy

22 Apr, 2008 08:47 AM
A Canberra woman suffered severe psychological distress from being thrust into early menopause at 44, the result of what she claims was a botched hysterectomy five years ago, a court heard yesterday.

Dragica Lubjic, now 49, launched a civil claim for assault and negligence against obstetrician and gynaecologist Sydney Robert Armellin in the ACT Supreme Court for wrongfully performing a full hysterectomy when she had asked for only her uterus to be removed.

Ms Lubjic, who had worked on and off as a cleaner since she moved to Australia from Croatia at the age of 19, was referred to Dr Armellin in 2003 when an ultrasound showed she had fibroids in her uterus.

She said Dr Armellin had recommended she undergo a hysterectomy as soon as possible, and explained the procedure to her using drawings.

When cross-examined yesterday, Ms Lubjic recalled that she had asked the doctor at least twice during the consultation for reassurance that her ovaries would not be removed.

She said Dr Armellin had assured her that her ovaries were healthy and that, at 44, she was too young to have them removed, as this would mean placing her on hormone replacement therapy.

Ms Lubjic said she had been concerned because of the negative things she had heard about hormone therapy.

She said she left the hospital in significant pain after the operation in November 2003, and experienced vomiting and dizziness.

She consulted a GP a week later, when she discovered her ovaries had been removed, and was told she would have to remain on hormone therapy for the next 10 years.

Her lawyer, Robert Crowe, SC, told the court the operation had resulted in a dramatic onset of menopause which caused her severe psychological upset.

He said Ms Lubjic had suffered depression and anxiety, including panic attacks and pain in her neck and arms, and was seeking "significant general damages" for loss of earning capacity.

During cross-examination, Ms Lubjic denied the suggestion put to her by Dr Armellin's lawyer, Tony Bartley, SC, that she had told him to "take the whole lot out" shortly before the operation at Calvary Hospital.

Although she admitted her moderate English may have caused a misunderstanding, she insisted that Dr Armellin had known she had not wanted her ovaries removed, and should have taken extra steps to ensure she knew what was happening to her in the hospital.

Ms Lubjic also admitted that she had suffered enduring back pain since a 1990 workplace injury, which had left her unable to work for several years.

The hearing continues today.

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