A surgeon left a sponge in her during a 17-hour surgery. The woman died at age 58 months after the surgery, and her husband is filing a medical malpractice lawsuit and a wrongful death lawsuit against the doctor that performed the surgery according to the Dayton Daily News in a July 14, 2014 article.

The woman had intestinal problems and during the surgery, there were changes in operating room staff as the surgery was very long. The doctor was told that the “sponge count” was not right during the surgery meaning that the wrong amount of sponges was inside the patient at the wrong time. The doctor ordered an X-ray to investigate. He removed one sponge and the operating room staff then confirmed that the sponge count was correct. However, there was still a sponge inside the patient’s body.

As it turns out, the doctor did not look at the X-ray for five or six weeks because he trusted in his operating room’s staff assessment that the correct number of sponges had been removed. The woman faced complications, and the doctor referred her to another surgeon for a second opinion. This surgeon found out that there was still a sponge inside the patient and removed it surgically.

It is expected that an expert witness, someone who the court accepts has expert knowledge in the field at hand, will tell the jury that the presence of the sponge in the patient’s body led to complications and eventually her death.

On the other side of the case, the doctor’s attorney acknowledged that a sponge was left in the patient and that the doctor did not immediately look at the X-ray. However, the counsel argues that the sponge itself did not lead to the woman’s medical demise and death citing the pre-existing intestinal problem. It will be up to the jury to decide if the doctor committed medical malpractice and if there was a wrongful death. If the jury sides with the husband, then he may be awarded money for damages and loss of companionship.

If you have been injured at the hands of a doctor or other medical professional, whether through a surgical error or failure to diagnosis a condition, then you may be entitled to a large cash settlement. The purpose of the settlement is to compensate you or a loved one for various damages, lost wages, pain and suffering and medical bills, all past, present and future pain and suffering. Jayson Lutzky is a Bronx, New York attorney with over 30 years of experience practicing law. To set up a free in person consultation, call 718-514-6619. If you have been seriously injured, then hospital or home consultations are available. Visit www.MyNewYorkCityLawyer.com for more news and resources.