As Published In

Medical Malpractice — Foreign Object — Surgical Sponge Left After Bypass Surgery — Failure To Properly Appreciate Post-Operative X-Ray

Settlement: Xxxxxx and Xxxxxx Serebnitsky v. AC and New York University Medical Center XXXXX/97

Date of Settlement: 9/17/99

Venue: New York Supreme

Plaintiff Attorney: Eric M. Turkewitz, Manhattan

Facts:

This action settled after jury selection for a lump sum of $175,000. Plaintiff, age 72 at the time of this malpractice, under­went cardiac bypass surgery on 10/25/96 performed by Defendant [AC]. Plaintiff claimed that she experienced pain, discomfort, and draining out of her chest post-operatively. An X-ray taken in January 1997 revealed that a surgical sponge was left from the bypass surgery. A second surgery to remove the sponge, also performed by [AC], required a 9-day hospital stay. The sponge was removed through the prior scar.

Defendant contended that the nurses informed him that the sponge count was correct. A scrub nurse stated that a meeting was held after the sponge had been found, and that none of the nurses could account for the reason it had not been removed. Defendant [AC]'s deposition testimony indicated that the sponge could be seen on the post-operative X-rays, although it was not appreciated at the time the films were taken. The X-rays could not be located for trial.

Settlement apportionment: The entire settlement was paid by the hospital.