surgical sponge left in patient lawsuit

He is suing based on claims of medical malpractice and wrongful death. 29578 Turn to us when you don’t know where to turn. Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters. This case did not occur in the state of South Carolina, but its significance to residents of this state who undergo surgeries lies in the realization that the phenomenon of surgeons leaving objects in patients is not confined to any single place. Both comments and pings are currently closed. Fax: In August 2010, plaintiff filed a medical malpractice lawsuit against the original doctor, asserting he’d negligently failed to remove the sponge during her first surgery. 843-448-6445 Disclaimer. 843-213-6737 The consequence of foreign bodies after surgery may manifest in different forms immediately after the operation, months or even years after the surgical procedure. And yet, it’s an ongoing problem. If you have suffered injury due to medical malpractice, we can help. The use of this website and the viewing of any of its pages are subject to the Terms & Conditions contained herein. Turn to us when you don't know where to turn. A recent example of this form of potential surgical error has gone to trial, with the plaintiff alleging that a surgical sponge that was left behind in his wife ultimately caused her death. Although in some cases, these “retained surgical items” include clamps, forceps or other hardware, they are most often the gauzy sponges doctors use during surgery. Over time, the sponge created a painful abscess which caused our client months of entirely avoidable, needless suffering. Categories: Foreign Object Medical Malpractice Claim, Medical Malpractice Verdict, Ohio Medical Malpractice, and Surgical Medical Malpractice | Tags: medical malpractice lawyers, medical malpractice verdict, Ohio medical malpractice lawyers, retained surgical bodies, and surgical sponge This entry was posted on Sunday, April 29th, 2018 at 5:19 am. The defendant admitted that a surgical sponge was left in the patient for about seven months, but died that it caused medical complications or led to her death. A medical article published on January 5, 2017 stated: “Retained surgical bodies (RSB) are any foreign bodies left inside the patient after the operation and in general, a further procedure is necessary. Typically, the RSB are surgical sponges and instruments located in the abdomen, retroperitoneum and pelvis … sponges are the most many foreign bodies retained in the human body after surgery … These sponges may remain in the body for days, months or even years before manifesting as inflammatory reactions … Approximately 88% of RSB cases occur in a situation where the sponge and instrument counts were declared ‘correct’ … The retention of RSF after surgery has medical and legal implications, occurring as a result of mistakes by the entire medical team, not just the surgeon.”. Confidential or time-sensitive information should not be sent through this form. She testified that about one year after her surgery, she started to experience discomfort in her abdomen. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In one case, we obtained a medical malpractice ruling of $1,538,803.50 for a woman whose doctors left laparotomy sponge inside of her body after a hysterectomy. Sponges and other surgical instruments can be left behind when they are covered in blood and difficult to see. Lawsuit: Surgeon Leaves Sponge in Patient. On behalf of Furr & Henshaw posted in Surgical Errors on Thursday, July 17, 2014. Fill out the form below for a free consultation or contact us directly at 800.295.3959. Sponge left after surgery leads to medical malpractice lawsuit On behalf of Furr & Henshaw posted in Surgical Errors on Thursday, July 17, 2014. Once the sponge was removed, she no longer suffered the painful sensations. In order to prove the course of treatment doctrine was applicable, plaintiff had to show she had an identified medical condition that required ongoing treatment and monitoring, defendant provided ongoing treatment and monitoring and plaintiff brought the action within appropriate statutory period after the date treatment had terminated. The following month, plaintiff meet with the doctor who conducted her gastric bypass, who informed her the object was a surgical sponge. An Ohio medical malpractice jury awarded $100,000 in an Ohio medical malpractice wrongful death case against a surgeon who admittedly left a surgical sponge in a patient after performing surgery. Furr & Henshaw Even though surgical sponges are small, a sponge left inside a patient for an extended period of time can create serious problems. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Cefaratti v. Aranow, June 14, 2016, Connecticut Supreme Court, Kotlyer v. Metro Casualty Insurance Co. – Florida Car Accident Default Judgement Improper, June 4, 2016, Fort Myers Medical Negligence Lawyer Blog. She also accused the surgical center of vicarious liability. Please verify that you have read the disclaimer. One of them, it appears, may have even resulted in an additional injury to the patient, who eventually died a little more than a year after the original operation. As long as surgeries are performed by human beings, surgeons or their supporting staff will inevitably make human errors on occasion. Medical objects left inside a patient’s body are rare, occurring in about 1 of every 5,500 to 7,000 surgeries, according to the Journal of American College of Surgeons. The surgical center filed a motion for summary judgment on grounds the three-year statute of limitations had passed. At least one study has recorded more than 700 instances of this kind of surgical error taking place nationwide over a span of seven years, which resulted in 16 deaths. At first the missing sponge seemed to have been accounted for, but as events turned out the sponge count was evidently not accurate and one was left behind in the patient. With more than 28 million operations performed nationwide, the number of cases in which foreign bodies are left behind during a procedure in the United States has been estimated at around 1500 cases per year … The incidence of RSB is between 0.3 to 1.0 per 1,000 abdominal operations, and they occur due to a lack of organisation and communication between surgical staff during the process. It’s estimated some 4,500 to 6,000 patients suffer from retained surgical items, with hospitalizations in each case costing upwards of $60,000 or more. A man went to a surgeon for a routine surgery and ended up suffering from numerous complications because the surgeon left a sponge inside him. The trial court granted summary judgment to defense on the grounds plaintiff did not know about the condition and thus could not seek treatment for it and therefore the doctrine didn’t apply and the timeline wasn’t extended. Central to this case was the question of the statute of limitations and whether the “continuing course of treatment” extended the timeline plaintiff had to file her claim. Plaintiff had several follow up appointments with him after that. The continuing course of treatment doctrine in medical malpractice cases holds that the statute of limitations can be tolled if plaintiff receives continuing medical treatment for the same injury or illness caused by the original treating physician, even if plaintiff was aware or should have been aware of the injury and its cause. Call Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210. According to court records, plaintiff was diagnosed in December 2003 as being morbidly obese and, as a result, defendant performed gastric bypass surgery on plaintiff. Basic Information About Medical Negligence, Sponge left in woman's body results in medical malpractice suit, Questions to ask a surgeon before surgery, Cosmetic procedure presents fat embolism risk, Why nurses distributing medications pose a risk to their patients, Nursing home residents have a right to care.

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