ARTICLE-SURGICAL GAZE FORGOTTEN IN PATIENT’S ABDOMEN
Extract from: Forensic Letter June 2nd, 2008

A patient was paid R$20.000, 00 for moral damages and another R$20.000, 00 for esthetic damages in a medical malpractice law suit against the State. Jose de Arimatéia da Silva had an appendicitis surgery in a public hospital and was discharged after the usual recovery period even though he had an undiagnosed strong abdominal pain. Later on the cause of the pain was discovered. During surgery, a surgical gaze compress was forgotten in his abdomen. Jose had to go through another surgery in order to remove the object. His belly button also had to be removed due to an infection and the procedure left a considerable scar. “There was no identification of a foreign object, and that´s the reason why the patient had to stay in the hospital for another three weeks. His life was put at risk, and besides needing a second intervention he was left with esthetic damages”, said the law suit refferendary, Judge Sergio Jeronimo Abreu da Silveira from the 14th Civil Chamber. He confirmed the amount and sustained the conviction in first instance, obligating the State to give him a reconstructive surgery in one of its hospital unities within one year of the sentence, under the penalty of R$ 1000, 00 if the terms were not met. The judge altered the interest rate for 6% a year though.