0:01

So I do have an example of this,

0:03

and it makes the point that, um, this was a case where,

0:08

uh, an instrument was left in a patient

0:11

and it was pretty catastrophic

0:14

and did cause significant damage,

0:16

but it was subsumed under the umbrella of negligence.

0:20

And this was a 19-year-old that had gone in

0:23

for testicular cancer surgery

0:26

and was having tremendous pain following surgery.

0:29

And the details really don't matter,

0:32

but the physician didn't want to admit a mistake.

0:36

And so sent the patient out knowing that, that this,

0:41

uh, two inch by two inch wide

0:43

by 14 inch long ribbon retractor

0:46

had been left in the patient during the procedure.

0:50

And so we came, the patient came to see us

0:52

after 20 years, um,

0:54

and the scan brought the scan with us,

0:57

at which point we were able to go back

1:00

and, and do the lawsuit.

1:01

Uh, the, obviously all four elements having been met, um,

1:06

the surgeon obviously had a duty.

1:09

The, uh, breach in the standard

1:11

of care was leaving an instrument in particularly knowing it

1:15

was there because there had been a CT scan done post-op

1:19

that showed this, uh, the physician wanted

1:22

to go back in and get it.

1:23

He didn't tell the patient.

1:24

He made up a different excuse as

1:26

to why he had to go back in.

1:27

The patient said, no, I'm, I had enough surgery,

1:30

and the doctor sent him out.

1:32

He was in tremendous pain, as you can imagine, for 20 years.

1:37

So all four elements, duty, breach, causation,

1:40

and harm were kind of met with one image.