CONWAY — An Horry County surgeon and his firm must pay over $5.1 million after removing a patient’s thyroid gland without her consent, according to a recent jury verdict.
Natalie Boyd of Horry County sued Coastal Otolaryngology Associates and her surgeon, Dr. Richard Osman, for medical malpractice in 2021. She accused the practice of not obtaining her consent before removing her entire thyroid gland, despite her only wanting the cancerous part removed.
The remaining part was healthy, according to court documents.
A jury on Aug. 29 found that COA and Osman must pay Boyd $105,000 in economic damages and $5 million in non-economic damages, according to court documents.
“Preserving a patient’s freedom to make the final call over their own medical decisions is a sacred right,” Boyd’s attorney Jim Davis said in a statement. “This case was about ensuring that right is protected and holding medical providers accountable when they disregard a patient’s clear surgical consent. The jury heard the evidence of this preventable, life-altering surgical error and rightfully concluded that the conduct was grossly negligent.”
COA and Osman have already requested a new trial, disagreeing with the verdict. In court documents, they maintain Osman did not breach his standard of care prior to or during the surgery since Boyd allegedly had four appointments with Osman before the procedure.
Also, the defendants allege Boyd did not provide sufficient evidence for her claims and that the damages were excessive, according to court documents.
“Boyd failed to establish that she would have had a different outcome regardless of the surgical actions taken by Dr. Osman,” according to the defendants’ Sept. 8 motion for a new trial. “The jury’s verdict was not a product of reasoned deliberation upon the evidence presented at trial, but rather the result of prejudice, passion and bias inflamed by Boyd’s counsel during the trial. A verdict tainted by such improper influences cannot stand."
Osman practiced at Grand Strand Medical Center and first evaluated Boyd’s thyroid gland for possible removal in May 2017, according to court records. GSMC denied allegations of wrongdoing and reached a pre-trial settlement with Boyd in 2024.
The thyroid gland makes hormones that help control a person’s metabolism and blood calcium levels. But when cells in the thyroid grow unexpectedly, thyroid cancers can develop, according to the Cleveland Clinic.
During Osman’s evaluation of Boyd, he discovered some larger follicular nodules in the left side of her thyroid gland. Follicular nodules are growths in the thyroid gland that are signs of possible follicular thyroid cancer, one of the four types of thyroid cancer, according to the Cleveland Clinic.
At least a week before the surgery, Osman advised Boyd that she should get a partial removal of her thyroid. Boyd alleges they both agreed to only remove the remaining part if cancer was discovered in it.
But the defendants maintain that condition was not specified. Instead, they contend the two parties agreed that a full removal was possible, according to court documents.
Boyd’s procedure took place on Dec. 27, 2017. She alleges there were no operative notes in her medical records from the surgery, and no cancer was discovered. She accused the surgeon and his firm of negligence and medical malpractice.
Boyd argues the defendants failed to review their own medical notes, review the consent form with Boyd prior to surgery and perform a pre-operative assessment on the morning of surgery, according to court records.
The defendants maintain Boyd made last-minute changes to the medical consent form without notifying the surgeon or other medical staff. And Osman testified that he had reviewed the medical consent form prior to the surgery and did not see any changes made to the form by the patient or other staff, according to court records.
Also, they contend Boyd’s consent forms already gave Osman permission to “exercise his clinical judgment” at the time of the surgery in order to determine “what was deemed necessary and desirable,” according to court records.
In this case, Osman believed the full removal of Boyd’s thyroid gland was medically necessary in order to facilitate safe access for a separate spine surgery, which she was already scheduled to receive, the defendants alleged in court documents.
Meanwhile, Davis said his client has suffered "severe and lifelong" consequences as a result of the surgery.
"The removal of her thyroid induced permanent hypothyroidism, a condition that leaves her dependent on life-sustaining synthetic hormone medication," Davis wrote in a news release after the verdict.
He added that Boyd also suffers daily with "chronic debilitating low energy, anxiety, difficulty swallowing, inability to regulate body temperature and other ailments that have permanently altered her quality of life," according to the news release.
Boyd and Davis have asked the court to deny the defendants’ request for a new trial.
"We are confident the court will uphold this just verdict," Davis said in a statement.