Patient Claims Surgeon's Bare Hands Responsible for Post-Op Infection

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Woman loses suit that alleged doctor used ungloved hand to drain fluid from her breast following surgery.


You would think that wearing gloves while operating is a no-brainer for any doc. But a Connecticut woman alleged in court that her plastic surgeon used his bare hands to open up her incision during a post-op visit at his office, leading to an infection.

Michele Maynard claimed in a recent lawsuit that her plastic surgeon, Thomas Sena, MD, used an ungloved hand to drain a seroma that developed in her breast after surgery, causing an infection that sent her to the ER. The doctor has denied the allegations, with the courts ruling in his favor.

It all started when Ms. Maynard visited Dr. Sena in late 2006, complaining of pain in her left breast, court records state. After an evaluation, she was scheduled for surgery the following year to remove her current implants and replace them.

Dr. Sena performed the procedure in January 2007, and Ms. Maynard returned to his office for a follow-up 6 days later. During the visit, Dr. Sena noticed a seroma in her left breast. Since the condition often goes away on its own, he said in court, he told her to come back in 2 to 3 weeks and to call if it got worse.

About a month later, Ms. Maynard returned to his office complaining of pressure, pain and swelling in her left breast. To treat her, Dr. Sena decided to remove the stitches, open up the incision and drain the fluid from the seroma in her left breast.

But according to Ms. Maynard, the surgeon did this procedure without wearing gloves or washing his hands, instead draining the fluid with his bare finger. She claims that this action caused severe pain and swelling that sent her to the hospital the next day, where she underwent additional procedures to treat an infection.

Dr. Sena has denied these claims, telling the court "he had worn gloves for all of the surgical procedures that he performed in his office throughout his 30-year career." After a jury sided with the doctor in 2013, Ms. Maynard appealed. This week, an appellate court upheld the lower court's decision.

Dr. Sena's attorney declined to comment. Ms. Maynard's attorney did not immediately return requests for comment from Outpatient Surgery.

Kendal Gapinski

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