A judge who was a victim of a serious surgical error is now hoping to become an advocate for patient protection. The man suffered for months after doctors left a large sponge in his abdomen after surgery.

The Florida judge underwent surgery to treat his diverticulitis at the Good Samaritan Medical Center in West Palm Beach. However, after the surgery, which was supposed to relieve his abdominal pain, the judge found himself in more pain than before.

When he complained to his doctor, he received several CT scans that doctors said failed to show any reason for his pain. After enduring five months of excruciating pain, however, doctors identified that a large sponge was inside the judge's abdomen. Apparently the metal marker on the sponge was misidentified in earlier CT scans.

The judge underwent a second surgery to remove the surgical sponge. The pus-filled sponge was one foot long and one foot wide. Because the sponge was festering, doctors also had to remove a part of the judge's intestines that was severely damaged.

The victim reached a settlement with the hospital and its owner, Tenet Healthcare System. He is allowed to speak publicly about his experience as part of the settlement, and hopes that other hospitals will make changes to their policies to ensure something like this does not happen again.

Further, the judge is calling for all hospitals to be equipped with systems to spot medical equipment that may be left inside a patient after surgery. For example, there is a wand available that can be waved over a patient to detect sponges and medical equipment with microchips.

Also, the judge thinks that caps on damage awards in medical malpractice suits should be lifted. He stated that, when there is egregious medical malpractice, "the damages should be between the parties, a judge and jury without the state legislature dictating limits."

Although he has reached a settlement with the hospital, he plans to sue a surgeon and two radiologists for medical malpractice. 

Source: The Miami Herald "Judge to sue after surgical sponge was left in him" 9/15/10