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Keywords

plaintiffdamagesnegligenceliabilitytrial

plaintiffdefendantnegligenceappealtrialwillsustainedappellantmarine insurance

Related Cases

Guilbeau v. St. Paul Fire & Marine Ins. Co., 325 So.2d 395

Facts

Seymour X. Guilbeau underwent surgery for a suspected abdominal malignancy performed by Dr. Edgar Breaux. During the procedure, a laparotomy pad was inadvertently left in Guilbeau's abdomen, leading to severe pain, infection, and the need for two additional surgeries. The surgical team had counted the instruments and pads before and after the operation, reporting that all items were accounted for, but the pad was not removed, resulting in significant complications for the plaintiff.

The record indicates that plaintiff was referred to the surgeon in question, Dr. Edgar Breaux of Lafayette, by his physician, Dr. William Bernard, for a suspected abdominal malignancy.

Issue

Was the surgeon, Dr. Breaux, negligent for leaving a laparotomy pad inside the patient during surgery, and can he be held liable despite following standard procedures?

The operating surgeon was negligent per se.

Rule

A surgeon's failure to remove a sponge or pad before closing an incision may be regarded as negligence per se, and reliance on a nurse's count does not exonerate the surgeon from liability.

‘The general rule . . . is that a surgeon's failure to remove a sponge or pad before closing an incision may be regarded as negligence per se.’

Analysis

The court applied the rule of negligence per se, determining that the surgeon's failure to remove the laparotomy pad constituted negligence regardless of the standard practices followed. The evidence showed that the pad was placed in the patient's body during surgery and was not removed, which directly led to the patient's injuries. The court emphasized that the surgeon's reliance on the nurses' count did not absolve him of responsibility for the pad left inside the patient.

In the present case we are faced with the same situation. A laparotomy pad was placed in plaintiff's body by the surgeon during surgery and was left there following surgery, and defendant attempted to show that the procedure used by the surgeon to prevent leaving any sponges or pads in the patient was in complete accord with the community practice.

Conclusion

The court affirmed the trial court's judgment in favor of the plaintiff, holding that the surgeon was negligent per se for leaving the laparotomy pad inside the patient, resulting in the award for damages.

For the reasons assigned, the judgment of the trial court is affirmed at defendant-appellant's costs.

Who won?

Seymour X. Guilbeau prevailed in the case because the court found that the surgeon's negligence in leaving the laparotomy pad inside him directly caused his injuries.

Defendant, St. Paul Fire and Marine Insurance Company, appeals from a judgment granting recovery in favor of plaintiff, Seymour X. Guilbeau, for injuries allegedly sustained by him when a laparotomy pad was not removed from him during surgery performed on him at Lafayette General Hospital.

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