Canadian Woman Sues Surgeon for Leaving Medical Tape Inside Her Body

Friday, February 14, 2014

Canadian Woman Sues Surgeon for Leaving Medical Tape Inside Her Body

Written by Malman Law, reviewed by Steve J. Malman.

A Canadian woman says the Saskatchewan health system and a surgeon failed her, and is suing for malpractice after it was found that a surgeon had left medical tape inside her body following a procedure.  The woman, Melinda Baum of Swift Current, says she had to endure a four-year health care nightmare because of the obstacles the health care system made her go through.

Details of the Case

Baum underwent surgery on April 8, 2005 for a bladder condition, and in the hours and days that followed, she was in agony.  “The pain was excruciating still, when I got home. And I was running a fever. I couldn’t even walk by myself I was in so much pain,” she said.

Over the following several months, Baum went to several appointments attempting to find out the cause of the pain, but eventually started to wonder if it was all in her head. She was referred to a urologist, who performed an internal exam, and finally found the root of the problem. Baum said of the appointment, “He absolutely freaked out and he said to the nurse in there, he said ‘go get [another doctor] immediately, there’s something wrong,’ and by then I was bawling.”

What the doctor found was that the surgeon had accidentally punctured the mesh tape that was attached to Baum’s bladder, leaving shards of the tape inside the bladder. The tape should have been removed immediately at the time of the error, but wasn’t.

Insurance Issues, and How Lawyers Help

Baum said that failures of the Saskatchewan health system made her bad situation much worse. During the four year battle to try and find out what was wrong, she went through three surgeries and more than 20 appointments with various doctors and surgeons, and says she was bounced from one doctor to another.

She went through two surgeries, but neither removed all the tape. Finally, a doctor in Rochester, New York was able to identify the problem, and just days before the procedure was to take place, the Saskatchewan government approved the cost. A judge in charge of the suit against the surgeon said, “Ms. Baum suffered for nearly four years as a result of the defendant’s negligence and found no relief in Canada despite her continuous efforts to solve her problems.”

Baum said she was amazed at the amount of effort it took to get the care she needed, and wonders about how many people can’t or don’t do that.

If you are currently dealing with a case of malpractice, hiring a medical malpractice lawyer can be greatly beneficial. They will know how to deal with insurance providers and other involved parties, and will be able to focus on the paper work and other dealings, so that you can focus on getting better and getting back to your regular life. When you need quality legal representation for a malpractice case, contact Malman Law.