Law Offices of Ben C. Martin: Good Shepherd Hospital Found Negligent After Leaving Towels Inside Surgery Patient

Business Wire, Feb 25, 2003

Business Editors/Legal Writers/Health/Medical Writers

MARSHALL, Texas--(BUSINESS WIRE)--Feb. 25, 2003

Jurors in Judge Bonnie Leggat's 71st District Court have issued a verdict totaling more than $350,000 after finding that Good Shepherd Hospital in Longview breached acceptable standards of care when three 16-inch by 16-inch sponges were left inside a surgery patient.

Rita Bateman, a Longview resident, was admitted to Good Shepherd on January 9, 2001, for hernia surgery and a hysterectomy.

According to trial testimony, the first phase of Ms. Bateman's surgery, the hernia procedure, went perfectly. However, the doctor who performed the hysterectomy, Dr. Lynn Brazell, failed to remove three laparotomy sponges from Ms. Bateman's peritoneal cavity.

Attorneys for Ms. Bateman argued that no sponge counts were performed by Dr. Brazell or the medical staff that assisted in the procedure. Post-operation, Ms. Bateman suffered severe pain and an infection for 20 days before Dr. Brazell ordered further investigation. A CT scan of Ms. Bateman's pelvis and abdomen revealed three foreign bodies within the peritoneal cavity.

Ms. Bateman underwent immediate exploratory surgery to remove the foreign objects. The surgery also revealed hardening and inflammation of the colon and omentum, which was attributed to the sponges being left in Ms. Bateman's body.

Ms. Bateman has suffered both mentally and physically at the hand of Good Shepherd Hospital," says Ms. Bateman's attorney, Edward Sampson of Dallas' Law Offices of Ben Martin. "She went in to get better, but the very people who were supposed to help her ended up causing her serious injuries."

In the verdict issued Friday, Feb. 21, the jury voted 11-1 to find Good Shepherd 100 percent responsible for Ms. Bateman's injuries. The 6-man, 6-woman jury awarded $114,000 for future medical care; $200,000 for physical pain and anguish; $12,500 for disfigurement; $21,000 for past lost wages; and $4,200 for future lost earnings. Mr. Sampson says the total award could increase with the addition of pre- and post-judgment interest.

In addition to Mr. Sampson, Ms. Bateman was represented by George Valton Jones of the Law Offices of George Valton Jones in Marshall.

Chad C. Rock of Jones Rook Austin represented Dr. Brazell while Steve Madsen of Cantey & Hanger represented Good Shepherd Hospital

For more information on the verdict against Good Shepherd, please contact Michelle Steckel at 800-559-4534 or Michelle@legalpr.com.