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Towel In The Belly

There’s a green towel that I keep in my desk.  The towel measures 16 by 28 inches.  The towel wasn’t always in my desk.  It was once in the stomach of one of my clients for about thirty days. 

Mr. Brown, who was retired, but an avid golfer, went into a local Chester County hospital for abdominal surgery.  Nurses do a count during surgery to make sure that no instruments or sponges are left in the body.  But they didn’t count the 16 by 28 inch green towel.  Why not?  Well you see this type of towel is usually placed on the table where the doctor puts his instruments.  In this case, the surgeon used the towel to clean around the abdominal cavity. The surgeon forgot to remove it and it balled up inside Mr. Brown. 

My client’s digestive system was  blocked.  Mr. Brown was transferred to a Philadelphia hospital where he underwent exploratory surgery.  Imagine the surgeon’s surprise when he opened up Mr. Brown and pulled out the towel.  The first thing he probably thought was “now here’s a medical malpractice suit.” 

Imagine my surprise when the insurance company wouldn’t settle the case.  The doctor said it was the nurses’ fault, and the nurses said it was the doctor’s.  You talk about frivolous lawsuits, how about a frivolous defense on the part of the hospital and doctor.  How did the story end? 

 We settled a week before the start of the trial.  A confidentiality agreement stops me from telling you the amount, however, it was enough to allow Mr. Brown to enjoy his retirement.   Stephen M. Karp, Esquire