Surgeon wrongly removed an entire organ, SC lawsuit says. Jury awards millions
Published in Health & Fitness
A South Carolina jury awarded $5.1 million in damages to a woman in a medical malpractice case against her surgeon, who she accused of wrongly removing her entire thyroid gland.
Jurors unanimously sided with Natalie Boyd on Aug. 29, finding that Dr. Richard C. Osman and Coastal Otolaryngology Associates in Myrtle Beach breached the standard of care and directly caused her injuries, Horry County court records show. The verdict was first reported by the Post and Courier newspaper.
In March 2021, Boyd sued Osman and the medical practice, where Boyd had four pre-operative visits, saying Osman removed her thyroid gland without her permission during a December 2017 procedure.
As part of his surgical plan, Osman was supposed to remove the left part of Boyd’s gland, according to the lawsuit, which says he was only going to remove the entire organ if testing found cancer.
Though no cancer was detected, Osman performed a total thyroidectomy on Dec. 27, 2017, the lawsuit says.
Life without her thyroid gland has proved difficult for Boyd, who testfied that she has faced a variety of medical issues as a result of the surgery, including low energy, anxiety, difficulty swallowing, choking and more.
The jury awarded Boyd $105,000 in economic damages for out-of-pocket medical expenses and $5 million in non-economic damages for physical and emotional injuries stemming from her surgery, the jury’s verdict form shows.
On Sept. 8, attorneys for Osman and Coastal Otolaryngology Associates challenged the jury’s verdict by motioning for a new trial.
One of the attorneys, Gary Lovell, declined McClatchy News’ request for comment on Sept. 29 due to the pending motions.
Boyd’s attorney, James R. Davis, argued against granting Osman and the medical practice a new trial in a Sept. 22 filing.
“At trial, the jury found by the greater weight of the evidence the defendants failed to obtain informed consent to excise Ms. Boyd’s viable non-cancerous thyroid tissue, recklessly performed the unconsented and unnecessary total thyroidectomy surgery and as a result Ms. Boyd sustained permanent life-altering medical consequences and financial burden,” Davis wrote in the filing.
Davis did not immediately return McClatchy News’ request for comment.
Months before surgery, Osman evaluated Boyd’s thyroid when she was 53 years old in May 2017, according to her lawsuit.
An ultrasound found Boyd’s thyroid to be enlarged, and a scan showed it was nontoxic, meaning it was not cancerous, the lawsuit says.
Osman removed Boyd’s thyroid gland at Grand Strand Regional Medical Center in Myrtle Beach, according to the lawsuit.
Boyd also sued the hospital but later reached a settlement with the facility in 2024, before the jury trial, court records show.
Osman’s medical license is listed as no longer active on the South Carolina Board of Medical Examiners’ website, which shows he had no disciplinary history. His license expired in June 2021.
During the trial, the evidence Boyd presented included “clear hand-written instructions to preserve her thyroid, unless cancer found, corroborating her testimony that she told Dr. Osman that she did not want a total thyroidectomy, unless cancer indicated,” Davis wrote in a memo in response to Osman’s motion for a new trial.
One of her handwritten notes stated “left side only unless cancer,” referring to her thyroid gland, according to Davis.
In motioning for a new trial, Osman’s attorney argued that Boyd never notified Osman that she only would agree to a total thyroidectomy if her thyroid gland was cancerous.
While meeting with Boyd before the surgery, Osman recommended that he would likely need to remove her entire thyroid gland ahead of a spine surgery she planned to undergo with another doctor, according to Osman’s motion for a new trial.
Osman’s attorneys said Boyd had changed an office note to indicate she only would agree to a total thyroidectomy if her thyroid gland was cancerous, without Osman’s knowledge.
When jurors were asked whether Boyd was negligent, the jury answered “no.”
Jurors also answered “no” when asked whether Osman and Coastal Otolaryngology Associates were grossly negligent.
Davis told the Post and Courier that “Preserving a patient’s freedom to make the final call over their own medical decisions is a sacred right.”
“This case was about ensuring that right is protected and holding medical providers accountable when they disregard a patient’s clear surgical consent,” he said.
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