Patient develops infection from gauze in wound

A 77-year-old man was a hospital patient from April 2004 to June 2004, during which time he underwent three spinal disc surgeries.

During his hospital stay, a surgeon performed an incision drainage operation on the patient. In order to have continuous drainage, the surgeon allowed the wound to be opened and packed it with surgical gauze. The operative report indicated that there was a correct surgical instrument count and that radiographic sponges were not used.

Following the operation, the surgeon issued an order to the nurses to change the surgical wound gauze dressing daily.

The surgeon followed the patient for a period of three days after the operation, but at no time did the surgeon inspect the wound to check the location of the surgical gauze.

After four days, a nurse replaced the surgical gauze with a vacuum sponge and the patient was discharged to a rehabilitation facility for follow-up care. However, he soon developed a high fever and infection at the wound site.

The patient was referred to another hospital where a neurosurgeon performed an incision and drainage procedure, and found a foreign body deep at the level of the dura, which turned out to be additional gauze.

Had the case proceeded to trial, experts for the patient would have testified that the first surgeon made an error when he failed to remove the gauze.

The nurses who testified indicated that they were not trained to use surgical retractors, stating that surgical retraction is a procedure that can only be performed by highly skilled surgeons.

Type of action: Medical malpractice

Injuries alleged: Back complications from retained surgical dressing gauze

Date of settlement: Dec. 3, 2007

Submitted by: James P. McCarthy and Michael D’Isola, Law Offices of James P. McCarthy, Boston (for the plaintiff)