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I had a wound vac sponge left in my abdomen by a home health nurse do I have a case?

Lubbock, TX |

I was on a wound vac from December 15th 2011 through January 27th 2012 cause I had to have a incision and drainage. Some how a wound vac sponge was left in my subcutaneous tissue in my abdomen. Ive had to have a additional surgery to remove the sponge and now the surgical wound wont heal. I live in Tx would I have a medical negligence case against the homehealth agency

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Attorney answers 4


The best advice I could give you is to visit with a medical malpractice specialist to discuss all of the facts and particulars of your case. Only then can a rational analysis be made of your case. You have to prove a deviation from a standard of care, that you suffered an injury; and the breach of duty owed to you was the proximate cause of your injury. Med-Mal cases are very expensive and very tough in Texas thanks to a strong physician and insurance lobby and a very business-oriented anti-plaintiff group of appellate judges. Get an appointment with a good medical malpractice attorney. If you call me I will be happy to give you a couple of names, several of them are dual licensed as doctors and attorneys so they know how to handle these types of cases very well. My telephone number is 512-708-1650 and you can visit my website at

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I agree with the previous response that medical malpractice cases are difficult to prosecute and that the defense usually vigorously defends such cases (perhaps even more so than other types of injury cases). This is the case in California and my impression is that the same is true in Texas. However, based on your description it appears that you may have a potentially very valid medical malpractice claim. Nevertheless, it is difficult to reach conclusions without knowing the full details regarding the case. You need to discuss your case in detail with a medical malpractice attorney in your state.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


Any time a health care provider leaves a foreign body, like a sponge, in your body, it can cause a serious infection. The standard of care requires health care providers to account for sponges and so that certainly should not have been left in your abdomen. I recommend that you contact a Texas attorney who handles medical malpractice cases to review the facts and records with you. Please let me know if I can help: 281-580-8800 or


You MAY have a good case. But get to a qualified attorney in your area where you live and go over it with her/him.

All personal injury cases consist of three basic issues. The first is the negligence or departure from an ordinary standard of care in order to be liable in the particular situation. Often, where a sponge in left in the body of a patient, the negligence factor is often presumed to be already established.

The second part, and tougher part, of the case, involves the value of your damages. You were certainly caused to undergo additional pain that you would not have had to experience had the sponge been removed in the first operation. And, presumably, you had additional expenses. There may even be a disability factor involved, but there is not enough information set out in your answer that part.

At any rate, medical malpractice cases are extraordinarily expensive in money and time necessary to complete. Our fine legislature and superb Governator (word intentionally misspelled) have passed very onerous and unfair laws that make medical malpractice cases favor doctors, hospitals and other heath care facilities. For instance, health care providers are entitled to at least 60 days notice by letter before they can be sued. No other group or profession gets this warning, which allows the doctors, hospitals or other health care facilities to get their records in perfect order and start getting their stories straight. That's just one of the things we have to face in this state when dealing with medical malpractice.

Mr. Younger is licensed to practice law in Texas. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Younger strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.