Medical malpractice lawsuit filed after surgical error discovered

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023

We all expect the doctors and nurses that treat us to provide adequate and effective care to the best of their abilities. While many of these professionals live up to this standard, far too many fail. When they do, the results can be utterly tragic. Unsuspecting patients can be left with permanent injuries such as disability and disfigurement, a worsened medical condition, or death. These errant medical professionals need to be held accountable for their injurious and fatal actions and inactions, which oftentimes can only be done by pursuing a medical malpractice lawsuit.

One man is doing this now after he discovered that a doctor left a surgical instrument inside of him. According to his lawsuit, the Army veteran went to his nearest VA hospital to have some sort of abdominal surgery. Since then, he has reported consistent abdominal pain. The man went in for a MRI, but the testing was quickly halted after the man reported considerably increased pain. Doctors then discovered that a scalpel was within the man’s abdomen. It was later confirmed that the scalpel had been used during the man’s procedure in 2013. The instrument was not removed until 2017.

These types of errors are unforgiveable, as they are easily preventable, yet extremely dangerous. While the VA hospital system has been in the spotlight recently for its seemingly overabundant negligence, the fact of the matter is that these types of errors are seen at one point or another in nearly every hospital in the country, meaning that Texans may wind up a victim of medical malpractice when they least suspect it.

Recovering from the damages caused by hospital negligence can be difficult. The emotional and physical pain and suffering can be difficult to cope with, and the financial losses caused by medical expenses and lost wages can be devastating. However, those who are able to bring a competent legal claim against those who harmed them may be able to recover compensation for their losses, which is why it is critical that these individuals consider discussing their case with a qualified legal professional.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

August 4 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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