January 23, 2020

A Kentucky medical malpractice jury recently awarded $10.5 million against the defendant hospital for a woman who had to have a left leg partial amputation that resulted from a sponge left in her during bypass surgery in 2011.

About four years after the bypass surgery, the woman found out that the sponge, which can expand to eighteen square inches, was left in her after she complained of stomach pain, and the sponge was found to have migrated to her intestines. The report of the sponge left in her after the bypass surgery was sent to the woman’s primary care physician but was not acted upon.

The woman became extremely ill twenty months later when she could not get out of bed for three days and at which time the sponge was finally removed from her. She was sent to rehabilitation at a nursing home where she received inadequate care and developed foot blisters (the woman is diabetic). Ultimately, she had to have a portion of her left leg amputated.

The woman said after the Kentucky medical malpractice jury found in her favor, “I could do without the money and (have) my leg (instead).” The money, if and when she receives it, will help her get out of her wheelchair and “[l]earn how to walk and just being able to get up and do things that I need to do.” “We’re all human. We make mistakes. But, I mean, you need to be held accountable for the mistakes that you make.”

The defendant hospital has vowed to appeal the jury’s verdict, which appeal may take from two to five years to resolve. Citing the extreme pain and suffering that his client endured due to the medical negligence of five different health care providers that led to the woman’s leg amputation, the plaintiff’s Kentucky medical malpractice lawyer stated, “Right is right and wrong is wrong. And that being left in her is wrong. The way they defended this case is wrong. And not paying her right away is wrong.” He added: “What happened to this woman is unbelievable. She went to hell and back.”

The Kentucky county in which the case was tried is known as a very conservative jurisdiction – until this recent Kentucky medical malpractice verdict, defendants had won 33 Kentucky medical malpractice cases in a row.


If you or a loved one suffered injuries or other harms as a result of surgical malpractice in Kentucky or in another U.S. state, you should promptly seek the legal advice of a Kentucky medical malpractice attorney (or a medical malpractice attorney in your state) who may investigate your surgical medical malpractice claim for you and represent you or your loved one in a surgical medical malpractice case, if appropriate.

Click here to visit our website to be connected with Kentucky medical malpractice lawyers or local medical malpractice lawyers in your state who may be able to assist you with your surgical malpractice claim, or call us toll-free at 800-295-3959.

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