A Louisiana man has filed a medical malpractice lawsuit against his surgeon and a Louisiana surgery center after a surgical sponge was left in him during surgery. The defendant surgeon and defendant surgery center are alleged to have been negligent by failing to conduct a proper and accurate sponge count and by failing to provide adequate follow-up medical care and treatment.
The Alleged Facts
The man had gone to the defendant surgeon in 2011 for diagnosis and treatment of his back pain. The surgeon started providing conservative medical treatment but subsequently suggested back surgery that involved surgical decompression of the man’s spine.
The man underwent spinal decompression surgery on November 18, 2011 that was performed by the defendant spine surgeon at the defendant surgery center. In compliance with protocol, a nurse at the surgery center administered a pre-operative antibiotic at the time the man was admitted to the surgery center. The antibiotic Ancef was also administered to the man before the surgery, while he was in the operating room.
The Louisiana medical malpractice lawsuit alleges that the defendant surgeon began operating on the man 26 minutes after he received the Ancef, which was a breach of the standard of care because 26 minutes was not a sufficient period of time for the Ancef to provide prophylaxis protection for the surgery.
The medical malpractice lawsuit alleges that the man had oozing from the surgical site and developed persistent pain at the surgical site that he brought to the attention of the defendant surgeon during multiple follow-up appointments. The man alleges that a surgical sponge that had been unintentionally but negligently left in him during the November 18, 2011 surgery caused a festering surgical site infection that required surgery on March 9, 2012 to remove the surgical sponge, and further resulted in the plaintiff having to endure a prolonged period of antibiotic treatment and additional medical care.
Pursuant to Louisiana medical malpractice law, the plaintiff’s medical malpractice claims were initially submitted to a medical review panel, which determined that the defendant surgery center had breached the standard of care but that the defendant surgeon had not breached the standard of care.
The plaintiff’s medical malpractice lawsuit, which was filed on September 3, 2014 in the Orleans Parish Civil District Court, seeks an unspecified amount of damages for the man’s medical expenses, lost wages, loss of earning capacity, physical pain and suffering, mental anguish, and emotional distress.
If you have been injured as a result of medical negligence that occurred at a surgery center in Louisiana or in another U.S. state, you should promptly consult with a Louisiana medical malpractice attorney or a medical malpractice attorney in your state who may investigate your surgery center medical malpractice claim for you and represent you in a medical malpractice case against a surgery center, if appropriate.
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