Eight Inch Surgical Clamp Left In Woman’s Body Results In Spleen Removal States Litigation Funding Corporation
Southfield, MI (Law Firm Newswire) September 9, 2013 - A gastric band removal operation ended with the patient unexpectedly losing their spleen.
“The patient in this case went to the hospital to have a gastric band removed. A gastric band is a device used to reduce to size of an individual’s stomach to help them eat less to lose weight. The operation appeared to have gone well,” indicated Darren Monroe of Litigation Funding Corporation. “Until it was discovered that an 8-inch surgical clamp had been left in her body.”
The woman faced another surgery to remove the clamp, a device shaped like a pair of scissors and used to compress or hold on to organs or tissue. During that operation, the patient started to bleed uncontrollably. Surgeons removed her spleen to control the blood flow and loss.
“Luckily, the patient did survive. She filed a medical malpractice lawsuit, which was settled outside of the courtroom. The amount of the settlement was not revealed, but the Simi Valley Hospital was also fined $50,000 for that never event, the second error of the same kind," said Monroe.
In 2011, another patient operated on at the same hospital, discovered a surgical sponge had been left inside their body cavity for four years; an error caught just prior to another operation,” recounted Monroe. The hospital was fined $25,000 for that hospital error. It is evident from the hospital’s track record of leaving surgical tools in patients, that the facility needs to make changes in the way tools are accounted for in the O.R. To that end, the facility declined to challenge the fines or either of the lawsuits. Instead, they settled out of court.
How can surgical tools be left behind after an operation? “Even something as large as an 8-inch clamp, like the one used in this case, may be hidden out of sight in the darker corners of the abdominal cavity, under other organs, fat, tissue and even intestines. In fact, finding foreign objects left in a patient’s body cavity happens at least 76 percent of the time,” Monroe added.
The individuals in both of these cases would have been in a good position to apply for pre-settlement funding; a lawsuit loan that allows injured plaintiffs to deal with their medical and other important expenses. Litigation funding is an emergency loan to let plaintiffs get back on their feet while they wait for their case to be resolved.
It is a cash advance that allows them to have the time to heal and not worry about dealing with greedy insurance companies who encourage them to settle quickly and for a lower dollar amount than they would be entitled to by taking their case to court. “The biggest benefit for plaintiffs applying for lawsuit funding is that if they happen to lose their case, they get to retain it, with no strings attached,” stated Monroe.
Litigation Funding Corporation
7115 Orchard Lake Rd, Ste 320
West Bloomfield, MI 48322
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