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MailTribune.com
  • Medical suit alleges surgical negligence

    Ex-Medford resident charges doctor made errors in 2 procedures
  • A prominent Medford doctor is being sued for $950,000 by a couple who claim he injured a woman during two allegedly botched surgeries.
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  • A prominent Medford doctor is being sued for $950,000 by a couple who claim he injured a woman during two allegedly botched surgeries.
    According to court documents, Dr. Daniel H. Laury operated on Michelle A. Elsey, formerly of Medford and now living in Montana, at Rogue Valley Medical Center in April 2007. The suit says he performed a laparoscopy, sterilization, hysterectomy and other procedures, including the removal of intrauterine devices (Correction: See below)
    The complaint alleges that Laury, a private practice primary care doctor and gynecologist who earned his M.D. in 1988 from Albert Einstein College of Medicine, left an IUD in the woman during the surgery, which the plaintiff says constituted negligence.
    In a surgery in September 2007 at Providence Medford Medical Center, the plaintiffs allege Laury used a robotic device, called a da Vinci machine, to remove Elsey's right fallopian tube, ovary and appendix.
    The lawsuit alleges the organs Laury removed were "healthy and functioning."
    It goes on to say, "The loss of the normal and functioning organs has caused (Michelle Elsey) mental anguish and suffering and has adversely impacted her marital union and relationship with her husband (Toby Elsey)."
    The suit is seeking $600,000 in damages for Michelle Elsey and $350,000 for Toby Elsey.
    Laury has appeared in newspaper articles and on radio and television, including hosting an RVTV show, "The Doctor is Listening." Laury said he could not comment on the case when contacted by the Mail Tribune Wednesday and his attorney could not be reached. The Elseys also could not be reached and their Medford attorney, Bob Robertson, declined to comment.
    In addition to their suit against Laury, the plaintiffs are also suing the two Medford hospitals, alleging they are responsible for Laury's actions. Laury was lacking proper training on the robotic device, they allege.
    During the robotic surgery, hospital records indicate that there was a malfunction of the da Vinci machine which required "an extra reload."
    "(Laury) was further negligent and reckless in using the da Vinci robotic device without proper training or experience in its use," the lawsuit states.
    According to the suit, Michelle Elsey was seen in March 2011 by a Montana doctor who discovered the foreign objects. In June 2011 surgeons subsequently removed several items, including an Essure coil ( a birth control device) and a da Vinci laparoscopy sheath, the documents state.
    Reach reporter Sanne Specht at 541-776-4497 or e-mail sspecht@mailtribune.com.
    Correction: The type of device has been corrected in this version.
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