If medical negligence may have injured you or a loved one, what can you do? Click here to visit our website or telephone us on our toll-free line in the United States (800-295-3959) to be connected with medical malpractice lawyers in your U.S. state who may assist you with your foreign body medical malpractice claim. Lawsuit: Surgeon Leaves Sponge in Patient. 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. However, the appeals court reversed and the state supreme court affirmed. On behalf of Furr & Henshaw posted in Surgical Errors on Thursday, July 17, 2014. PO Box 2909 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. She testified that about one year after her surgery, she started to experience discomfort in her abdomen. 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 lawsuit alleged that the woman had abdominal surgery in February 2009 that lasted seventeen hours during which a laparotomy sponge remained in her body. 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. 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. 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.”. 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. Many times when a patient undergoes surgery, speculation may arise about the nature of whatever it is that the surgeon may have removed, be it an appendix, a gall bladder, or a foreign object. 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. The complaint claims that an X-ray image revealed the lingering sponge in the patient, but that the surgeon responsible for the operation did not look at it. The incidents are referred to in the medical community as “never events,” as they are simply never supposed to happen. Toll Free: In its decision, the state supreme court ruled that it was not necessary for plaintiff to know why she was ill, but that her pain was caused by the sponge and that she sought continuing treatment for the discomfort from the defendant. On top it of all, four months later, she had yet another surgery, and yet again, the medical team at PeaceHealth failed to remove or notice the surgical sponges, according to OregonLive.com. Fill out the form below for a free consultation or contact us directly at 800.295.3959. The following month, plaintiff meet with the doctor who conducted her gastric bypass, who informed her the object was a surgical sponge. Symptoms from a retained surgical sponge, or even an instrument, often don't appear right away and can easily be mistaken for another condition, such as normal post-surgical pain or discomfort. Occasionally, however, the issue involves the opposite: What was it that the surgeon left behind? Aranow – Surgical Sponge Left in Patient Prompts Injury Lawsuit June 10, 2016 | Associates and Bruce L. Scheiner In 2013, USA Today published a startling statistic: Twelve times every single day, surgeons sew up a patient with surgical sponges and other supplies mistakenly still inside. 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.

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