Medical Malpractice Attorney in New York, New York

Can you tell us about the Sloan Kettering medical malpractice case where a retractor was left in the patient?

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yeah so my client um he actually had had
cancer and they had been treating his
cancer he was doing very well he had
pancreatic cancer which you know can be
deadly but the treatments have improved
recently so they treated him um and they
felt he was in good enough condition
that they were going to removed part of
his pancreas which is a surgery that
that is used for pancreatic cancer
and so he underwent the operation the
operation was
successful uh they told everybody
everything went fine there was an x-ray
taken following the surgery and the
radiologist uh noted that there appeared
to be a retractor which was lying next
to my client on the operating table and
nobody followed up with it you know they
do a they do a count of the instruments
after an operation just to make sure
they have you know everything that went
in came out and either they didn’t count
or they count obviously was inaccurate
because they left the retractor inside
of him and the X-ray that showed it
lying beside him on the table actually
showed it inside his body nobody caught
it so he left the hospital um he went
home he was having you know significant
pain which you can imagine you know it’s
sizable retractor you know probably six
to 8 inches long and um they go back he
went back to the hospital a few days
later they did another type of
exploratory operation and they still
didn’t recogniz ized that they had left
this thing inside of him uh so I closed
him up after the second operation uh he
goes home he’s from North Carolina he
went back to North Carolina and you know
he having just ongoing abdominal pains
and you know a lot of problems going to
his doctor down there flies back up to
New York they do a third operation uh
about two months after the first one and
lo and behold they discover then that
the retractor was left inside during the
first operation uh unfortunately it had
migrated to his intestine they closed
him back up and he went back home to
North Carolina but he had developed a
you know sepsis infection throughout his
whole body from this retractor piercing
his intestine and he died about a month
later after going back to North Carolina
so you know tragic case lovely guy
wonderful family very intelligent family
they’re all in the medical profession
you know nurses and uh Physicians
assistants so you know Navy people and
they put their trust in the hospital and
uh you know the result was a tragic
result a guy in his early 60s still
working you know couple uh I think he
had four children and some grandchildren
and you know the prime of his life and
tragic situation it’s a brand new case
we have filed suit actually the
hospitals lawyers asked us if we want to
try to settle the case early because
obviously this is an indefensible
case from a malpractice point of view
it’s just a question of what it’s worth
so you know talking to the family and
trying to see if this is something we
want to resolve early or want to go
through litigation so it it depends on
how much they offer to settle the
case

New York, NY personal injury attorney Michael Ronemus talks about tells us about the Sloan Kettering medical malpractice case where a retractor was left in the patient. The patient had been diagnosed with cancer and was undergoing treatment. He had pancreatic cancer, a condition often considered deadly, though recent advancements in treatment had improved his prognosis. His medical team decided that he was in stable enough condition to undergo surgery to remove part of his pancreas, a common procedure for treating pancreatic cancer.

The operation was deemed successful, and the surgical team reported that everything had gone well. However, an X-ray taken after the procedure revealed a concerning issue: the radiologist noted what appeared to be a retractor lying next to the patient on the operating table. Despite this observation, no follow-up action was taken. In standard practice, surgical teams count the instruments used during an operation to ensure that all items are accounted for before closing the incision. In this case, either the count was not performed, or it was inaccurate, as the retractor had been left inside the patient’s body. The X-ray, initially thought to show the retractor outside his body, actually depicted it inside, but this was overlooked.

The patient was discharged from the hospital and returned home, but he soon began experiencing significant pain. Given the size of the retractor, likely six to eight inches long, this was unsurprising. He returned to the hospital a few days later for further evaluation, and the medical team performed an exploratory operation. Despite this second surgery, they failed to identify the presence of the retained retractor. After closing him up once more, the patient went back home to North Carolina. However, he continued to suffer from persistent abdominal pain and complications, prompting him to seek medical attention from his local doctor before eventually flying back to New York for further evaluation.

A third operation was performed about two months after the initial surgery. During this procedure, the medical team finally discovered that the retractor had been left inside the patient from the first surgery. By then, the instrument had migrated into his intestine. The surgical team removed the retractor and closed him up again, and he was sent home to North Carolina. Unfortunately, the damage had already been done. The retractor had caused a severe infection, leading to sepsis throughout his body. The patient succumbed to the infection about a month after his return to North Carolina.

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