Doctor Fined $5,000 For Unknowingly Removing Uterus Of A Pregnant Woman

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A prominent Waterbury gynecologist was fined $5,000 by the state Medical Examining Board on Tuesday for mistakenly performing a laparoscopic hysterectomy on a patient he did not know was pregnant, state records show. In January 2011, Dr. Jonathan Foster, who is also an obstetrician, failed to detect the patient's pregnancy before the operation, according to a consent order he signed in July agreeing to the punishment. He also relied on the patient's statement that she was not pregnant and failed to follow up a urine pregnancy test with a blood test or ultrasound before operating, the order said. After the incident, Foster completed a course to maintain his certification in his specialty. He did not contest the board's findings.

His attorney, Madonna Sacco of Bridgeport, said after the meeting that the patient had two urine pregnancy tests and "neither showed she was pregnant." "Dr. Foster had a long discussion with the patient. She represented that 'I am absolutely not pregnant,'" Sacco said. "We're not blaming her. This was a woman who wanted to move forward with the procedure." The procedure took place at St. Mary's Hospital in Waterbury, Christopher Stan, a spokesman for the state Department of Public Health, said on Monday. 

A Department of Public Health investigation focused on Foster and did not include an investigation of the hospital, he said. Sacco said that Foster remains a member in good standing of St. Mary's medical staff. She said he met all of the standards for performing the procedure the hospital had in place in 2011. Jennifer Clement, a St. Mary's spokeswoman, said the hospital declined to comment on the case because "this is an investigation between the state and the physician." In the past, St. Mary's officials have said that as a Catholic hospital, its physicians do not perform abortions or tubal ligations.

Foster has been, and remains an active member in good standing of the Waterbury Hospital medical staff, Patty Charvat, a spokeswoman for Waterbury Hospital, said. He had previously served as chief of obstetrics and gynecology at the hospital until his term expired, she said. She declined to comment on any aspect of Foster's case before the medical board. 

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