The plaintiff underwent a cesarean section in November 2000 which was performed by a doctor with the assistance of two nurses. At the conclusion of the procedure the nurses informed the doctor that the sponge count was correct and the wound was closed.

About five months later, in April 2001, the plaintiff complained of pain and tenderness in her abdomen. About two months after that the plaintiff went to an emergency room and was instructed to consult with her primary care physician. At that time the plaintiff did not have any pain, but her abdomen was “hard.” A week later the plaintiff went to a different obstetrician/gynecologist, who ordered a CAT scan which revealed a surgical sponge which had been left during the cesarean section. The plaintiff underwent surgery to remove the sponge. The hospital eventually wrote off the charges for this surgery.

The plaintiff alleged negligence by the nurses for miscounting the sponges and also negligence by the doctor for failing to refer her to another doctor to determine the cause of her pain. According to the Jury Verdict Reporter, a $159,000 settlement was reached with the hospital and nurses.

The matter proceeded against only the doctor. The plaintiff claimed that the doctor should not have relied solely on the nurses’ sponge count and that she should have been more diligent about responding to her complaints after the surgery. The doctor claimed that she acted appropriately in relying on the nurses’ sponge count and that the plaintiff had no signs of fever or infection two months after the surgery. The defendant also claimed that she repeatedly referred the plaintiff to other healthcare providers, including a neurologist and her primary care physician. The defendant also claimed that the plaintiff had gone to an emergency room at least twice and had undergone ultrasounds which did not detect the presence of the sponge. The defendant also claimed that the plaintiff had no residual complications following the removal of the sponge. According to a Jury Verdict Reporter, a $375,000 verdict was returned. The court then ruled that the doctor was entitled to a set-off against the verdict for the $159,000 settlement, which reduced the plaintiff’s verdict to $216,000.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.