PLAINTIFF’S CLAIM The physician was negligent in leaving the sponges in her vagina. He should have conducted the follow-up himself because he delivered her child. The infection caused chronic pain from pelvic inflammatory disease (PID), and necessitated the removal of her gallbladder.
PHYSICIAN’S DEFENSE Retained sponges can occur in the absence of negligence. It was proper for the patient to return to her own physician for postoperative follow-up treatment. The patient’s PID and gallbladder problems were unrelated to the retained sponges.
VERDICT A defense verdict was returned. The defendant was granted costs and attorney fees exceeding $27,000.