A male patient, who had initially undergone a seemingly successful laparoscopic cholecystectomy, experienced an unexpected health scare while traveling. Upon reporting to a different hospital, tests revealed a severe infection and an abdominal abscess near the former surgical site. Further assessment and surgery uncovered a piece of a laparoscopic retrieval bag that had been mistakenly left behind during the initial procedure.
Despite this evident oversight, the original hospital denied responsibility and refused to cover the patient’s subsequent medical expenses. When the patient approached our firm, we engaged surgical experts who confirmed that the oversight was a clear breach of the standard of care. Surgical teams are required to maintain meticulous counts of all instruments and ensure none are left behind post-operation.
The hospital and surgeon attempted to shift blame to the device manufacturer, alleging a ‘defective’ retrieval bag. This prompted legal action on multiple fronts, as we pursued claims against the surgeon, hospital, and device manufacturer. Our firm’s determined efforts led to a notable settlement for the patient, covering his medical expenses and compensating him for the emotional and physical trauma he endured.
Type of Medical Malpractice: Surgical Negligence and Retention of Foreign Object
Standard of Care Issues:
- Diligent monitoring and counts of all surgical instruments and items
- Thorough inspection post-surgery to ensure no objects remain within the patient
- Timely acceptance of responsibility and corrective actions in response to surgical errors