Alleged Resection of the Vas Deferens: Medicolegal Implications

Abstract

New York state law requires that significant complications be reported by telephone within 24 hours, followed by a full written report within five days with the names of the alleged involved physicians. This case illustrates the potential medicolegal consequences following the mandated immediate nonsubstantiated report of an alleged bilateral vas deferens injury during a bilateral inguinal herniorrhaphy in a 7-month-old male. Review of the surgical pathologic specimen showed that both hernial sacs did indeed contain segments of vas deferens structures, which based on the findings at reexploration, were consistent with duplication or embryonic remnants of the vas deferens. The vas deferens was found to be normal and uninjured bilaterally. The legal ramifications remain unclear. Since there is no clear cut method to retract the allegation, the physician's profile may be permanently damaged.