A jury has awarded nearly $17 million to a woman after a surgical tool was mistakenly left in her abdomen for two months
During the operation at Presbyterian Hospital, a 13-inch metal retractor was accidentally left in her abdomen. It wasn’t until a CT scan two months later that the mistake was discovered. Torma had to undergo another surgery to remove the tool.
She filed a lawsuit in 2021, claiming medical negligence against the hospital and the surgeon, Dr. Karen Finkelstein. After a weeklong trial, the jury took about two hours to reach their decision.
The jury awarded Torma $15 million in punitive damages and $1.75 million in compensatory damages. Most of the compensatory damages will be paid by Presbyterian.
The hospital’s attorney acknowledged the error, calling it a “human mistake” during a complicated procedure. They argued that the hospital has policies to prevent such incidents and asked for a smaller compensatory amount.
In response to the verdict, a hospital spokesperson expressed regret over the incident and mentioned that they are committed to improving their practices to avoid future mistakes. Torma’s attorney emphasized that the large punitive award was meant to hold the hospital accountable and push for better training for surgical staff.
The surgeon’s attorney pointed out that Dr. Finkelstein relied on the hospital staff to confirm that all instruments were accounted for, which they did. It’s a tough situation, and it highlights the importance of careful practices in healthcare.
