Court overturns Hot Springs malpractice verdict
By The Associated Press
This article was published September 29, 2010 at 1:40 p.m.
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The Arkansas Court of Appeals has thrown out a jury verdict in a medical malpractice case on grounds that leaving a sponge in a patient is not an automatic reason for liability.
Alan Sargent sued Dr. Marc Rogers in Garland County after Rogers operated and found a sponge he left inside Sargent during a gall bladder operation two years before. Prior to trial, Circuit Judge John S. Patterson partially ruled in favor of Sargent, and the trial was held only to determine damages, which the jury put at $100,000.
The Appeals Court found that a jury should answer the question of whether leaving a sponge in a patient constitutes a deviance in the standard of care.
The court sent the case back to Garland County for a new trial.
Comments on: Court overturns Hot Springs malpractice verdict
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Jjackk says... September 29, 2010 at 1:56 p.m.
I would say that leaving a sponge in a patient does constitutes a deviance in the standard of care.
Did it produe $100,000 in damages? No
Do it produce $100,000 in suffering? No
So why should he be awarded $100,000?
On the other side, I bet he was charged for the sponge.
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getright says... September 29, 2010 at 3:20 p.m.
Jjackk, I agree. to much money for not having caused an infection or anything else but they charge as if they would never make any mistakes. Yep, a case like this tends to make you stop and think about what is fair. Maby two years of free services? Bet that would make the doc's sphincter contract. betcha you couldn't drive a toothpick in with a sledgehammer!LOL!!!!
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Populist says... September 29, 2010 at 3:34 p.m.
I don't think we know enough about the evidence to determine what damages the guy had. Having a sponge in you cannot be good. Also, the attorneys will take one-third of this, and you can bet that the insurance company lawyers made the proceedings long and uncomfortable. I think I'd rather not have $66,000 than have gone through a sponge in me and whatever complications and pain it caused to eventually extract it. Of course, leaving a sponge in a patient constitutes a deviance in the standard of care. I am starting to think that electing judges is maybe not such a great idea.
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ALoweRoland says... September 29, 2010 at 3:59 p.m.
Of course leaving a sponge in a patient constitutes a deviance in the standard of care! How ridiculous is that???
And, I agree with populist - we don't know what kind of damages this caused. I wonder why he had the second surgery? Maybe to find the cause of ongoing pain and/or infection? If this man was in some kind of constant pain for two years that affected his ability to work, or his daily life - $100,000 doesn't seem like much. Especially after the attorneys take 1/3.
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Oldearkie says... September 29, 2010 at 4:40 p.m.
Did Mr Sargent have to pay for the second surgery? Sure he is entitled to damages for having to have the second surgery.
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rbaddad says... September 29, 2010 at 10:53 p.m.
the gross error of the doctor and his operating staff does constitute a deviance in standard of care[a gross deviance]also meets the standards of gross negligance[until the court decided to remake law]as sponges are not made to the standard for implants no one can tell what long term problems it will cause.and there are standards for hospitals and surgens to follow so this will never happen,like being checked off list several times by as many people on the operating staff.so they should have to pay the patient at least the 100,000 so they wont do it agin to someone else.they might not be so lucky next time the patient might die before they find there gross error,HOW MUCH would that be worth.
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