As attorneys, it is imperative that we not only understand the elements necessary to prosecute or defend a claim of medical malpractice, but that we are also able to identify and apply the specific facts of a case to those elements, proving that each one exists. As individuals who put our own lives, and the lives of our children and loved ones, in the hands of health care providers, and as attorneys who have a duty to represent our clients to the best of our ability, it’s important that we understand the general standard of care one should expect from a health care provider, and also be able to identify specific laws that may govern the state, county, or even city where an incident occurs.
In Savage v. Three Rivers Medical Center, 390 S.W.3d 104 (2012), the plaintiff underwent a hysterectomy. Viewing the operation as a standard medical procedure, she likely never anticipated the physical, mental and emotional turmoil that would unfold over the course of the following decade. In the years following her surgery, Sophia Savage experienced significant abdominal pain and other severe physical symptoms that indicated something was wrong. Further medical examinations to determine the cause revealed that a surgical sponge, used during the course of the hysterectomy, remained in her abdomen.
