Facts

Plaintiff Dudley Skinner underwent a right total hip replacement by defendant Gerald Wayne Swanson at Whittier Community Hospital. At the end of the procedure, the sponge count was announced by the nurse to be incorrect. A search was made for the sponge, including inspection of the wound and an x-ray, which was negative. The patient was closed and sent to the recovery room. In the recovery room, another x-ray found evidence of the sponge in the hip. The sponge was removed the following day and found to be under the acetabulum.

PLAINTIFF'S CONTENTIONS:
Res ipsa loquitur. The plaintiff contended that the defendant orthopedic surgeon left a sponge in the patient intraoperatively. The defendant could not account for the sponge and should have taken further steps, including other x-rays to account for the sponge.

DEFENDANT'S CONTENTIONS:
The defendant followed all protocols. When the x-ray was negative, the defendant could reasonably believe that the sponge was outside the patient, but could not be accounted for.

Settlement Discussions

None.

Result

Binding Arbitration: Defense.

Other Information

The arbitration was held before Hon. James J. Alfano of Judicate West (neutral arbitrator); Dana E. Susson, Esq., (respondent arbitrator); and Darrel Forgey (claimant arbitrator).