Appeal, No. 171, Jan. T., 1950, from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1948, No. 4582, in case of Albert Scacchi, Admr., Estate of Yola Scacchi, Deceased v. Thaddeus L. Montgomery. Order affirmed; reargument refused November 14, 1950.
Charles S. Schermer, with him Sol R. Gitman, for Appellant.
Philip H. Strubing, with him Evans, Bayard & Frick, for appellee.
Before Drew, C.j., Stern, Stearne, Jones and Bell, JJ.
OPINION BY MR. JUSTICE BELL
This is an appeal from an order of the court below dismissing plaintiff's motion to take off a non-suit.
Yola Scacchi consulted Dr. Montgomery, who decided that the patient's right tube and ovary should be removed because of an ovarian cyst. Shortly after the second operation the patient died and her administrator brought this action against the Doctor, alleging that after the first operation the ligature was not properly placed and tied so as to prevent hemorrhages and that the defendant did not take proper precautions as to the post-operative care of the decedent. The lower court entered a non-suit.
The operation on Mrs. Scacchi involved severing the ovarian artery and vein which are contained in the infundibulo-pelvic ligament and ligating them permanently. The Doctor, because of conditions he found when he opened the abdomen, used one fixation suture ligature instead of the customary two. When the operation was completed the ligature was apparently doing its job, the area was dry at the time of final inspection, and Dr. Montgomery closed the abdomen. The operation was concluded at 2:40 p.m. About 4:30 p.m. the decedent's husband noticed a blood spot on the spread about the
size of a grapefruit. The patient was hemorrhaging very badly internally. Dr. Montgomery was immediately notified, but as he was engaged in another operation, he sent his assistant to see the patient. Dr. Montgomery then arranged for another operation on the patient, in the meantime having blood plasma and the proper fluids administered intravenously.
Defendant as soon as possible reopened the decedent's abdomen and found that the bleeding was coming from the ovarian artery and vein in the infundibulo-pelvic ligament and there was no evidence of the ligature which had slipped or become detached. In the emergency he placed two ligatures over the dissected vessel and after some precautionary steps the abdomen was again closed. By 8:45 that night the patient had responded satisfactorily, according to the testimony of the Doctor, to the aforesaid emergency measures and the internal hemorrhages had apparently been stopped.
About 11 o'clock the patient developed pulmonary manifestations. Dr. Montgomery was called but despite his efforts, the patient died within half an hour. The cause of the pulmonary manifestations was never established; the only evidence with respect thereto being that of Dr. Montgomery who testified under cross examination that he felt there were three possibilities: 1, a blood clot; ...