Friday
Mar122010
Foreign Objects Left Behind After Surgery
Friday, March 12, 2010 at 12:15PM The most easily recognized act of medical malpractice occurs when a patient is operated upon and some item of medical equipment is left by mistake in the patient’s body.
Our office has recently settled the case of a woman who was operated upon more than 30 years ago (the early 1970s!) for a ruptured ectopic pregnancy. An ectopic pregnancy occurs when a fertilized egg implants outside of the uterus. During that emergency surgery a gauze lap pad and a rubber band were left behind.
Over the years she had frequent bouts of abdominal pain and discomfort. She never had another operation until she complained of abdominal and back pain to her chiropractor. He took an x-ray and thought he saw something. She was sent for a CT scan, which showed a mass. Her doctors feared cancer and recommended an operation. At the operation the gauze pad and rubber band were removed. Fortunately, the hospital at which she was originally treated was still in business, although the surgeon who did the ectopic pregnancy operation could not be found. The case was settled before trial for a substantial sum.
We have also represented a patient who had heart surgery for a defective heart valve. The operation was major surgery requiring that her chest be split open and she be placed upon a heart-lung bypass pump. The operation was successfully performed by a visiting professor of surgery. A few weeks after the patient’s discharge from the hospital, she and her husband returned to her cardiologist for a follow-up visit. An x-ray was taken and placed on the light box in the cardiologist’s office. As the patient and her husband were discussing her condition, her husband, an engineer, noticed a bright object within the patient’s chest on the x-ray. When he pointed it out to the cardiologist and asked what it was, the doctor had no answer. He told the couple to go to his waiting room. The doctor didn’t return. After the couple got home, the cardiologist called and said that the patient needed another major operation to remove the object. He did not know what the object was. The patient submitted to a repeat operation with all the associated pain, anxiety and trauma. The object which was removed was a part of a camera that was used during the initial operation. This patient’s case was settled shortly after the action was commenced.
The responsibility for making sure that all equipment used in the operation is removed from the patient’s body and accounted for is shared by the surgeon operating and by the hospital, which employs the operating room nurses. For instance, at every operation there must be a “sponge count” at which all tools and other equipment used in the operation are removed from the patient’s body and counted.
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