Legal Question in Medical Malpractice in Ohio

OB Dr. left material in Pt.

daughter's OB Dr. left sponge and guaze inside of her after having baby. Severe infection and offensive order resulted, she was unable to breastfeed baby it was there for 3 weeks until she got very ill w/fever mucsle aches and ER Dr. who gave her the items in specimen jar is this cause for legal action?


Asked on 6/07/00, 12:08 pm

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Re: OB Dr. left material in Pt.

At the time of all surgical proceedures sponges and instruments that are placed in the body are counted. After the proceedure all sponges and instruments are couonted again. The count is reported to the physician as being correct or incorrect. If the count is reported as correct, but the nurses has miscounted, that is usually the responsibility of the nurse and hospital. If the M.D. is told the count is incorrect but closes anyway, then the M.D. is responsible. In most states a legal claim exists in these circumstances. The question is what are the extent of injuries. I would be happy to discuss any further questions you may have.

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Answered on 7/28/00, 10:51 am


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