Introduction to the Case
Genaro Nava rated his pain as a nine out of 10. His blood pressure was high. He was throwing up. The Rowlett resident was several days out from a major surgery to remove a cancerous tumor, and he wasn’t recovering as well as expected. His doctor ordered an X-ray, and it showed why Nava was so sick. According to Nava and his attorney, the surgical team had left a nearly 10-inch long surgical instrument inside his body.
The Error and Its Consequences
The 58-year-old is now suing Baylor University Medical Center and three surgeons for the error. It’s a mistake that he and his attorney say caused significant physical pain and mental anguish, at a time when Nava was already dealing with an existing medical issue. Dr. Catherine Hambleton Davis, who is identified in the lawsuit as the lead surgeon on the case, did not immediately respond to requests for comment. Matthew Olivolo, a spokesperson for Baylor Scott & White Health, said in an emailed statement that the health system will continue to work with Nava and has “deep regret for what he experienced.”
Response from Baylor Scott & White Health
“It is equally important that we learn from events like this one, and we have,” the statement said. “We maintain strict safety protocols, continuously train our teams, and spread best practices. There is nothing more important to us than providing safe, quality, compassionate care to every patient who enters our doors.” Dallas-based attorney Les Weisbrod said he and the Nava family attempted to settle the case with the hospital before filing a lawsuit. According to Weisbrod, the hospital refused.
The Lawsuit
Weisbrod filed the lawsuit in Dallas County district court on Tuesday afternoon, according to a filing receipt shared with The Dallas Morning News. As of early Wednesday afternoon, the case had not yet appeared in the county’s online court portal. Genaro Nava and his attorney allege that a surgical team at Baylor University Medical Center left a nearly 10-inch long surgical tool inside Nava’s body. Nava underwent a second surgery to remove the tool.
The Surgery and Aftermath
Nava went into Baylor University Medical Center at the beginning of August 2024. He had cancer and was scheduled to undergo robotic surgery to remove a pancreatic tumor. When the surgery began, according to the legal filing, it was more complicated than expected. The surgical team ended up doing an open surgery instead of robotic, the filing says, and the procedure lasted more than two hours longer than planned. At the end of the procedure, the lawsuit says, two nurses recorded in the surgery notes that they had counted and confirmed the number of surgical instruments. In the days after the procedure, Nava remained in the hospital to recover. But he was in a tremendous amount of pain, he said. Three days after the surgery, a doctor on the surgical team ordered an abdominal X-ray.
Discovery of the Error
The X-ray showed a metal object, approximately 9.5 inches long and 2.5 inches wide, inside Nava’s body. It was a surgical retractor, a tool used to hold an incision open during surgery. Four days after the surgery to remove the tumor, Nava had a second operation. This time, it was to remove the surgical retractor that had been sealed into his abdomen. 
Genaro Nava speaks during a news conference, Wednesday, Aug. 13, 2025, in Dallas. Nava filed a lawsuit against Baylor University Medical Center after a surgical team allegedly left a surgical tool inside his body.
Emotional and Psychological Impact
At a Wednesday news briefing, Nava said none of the doctors on the surgical team apologized to him after the error was discovered. He felt the doctors acted like the mistake wasn’t a big deal. “I didn’t feel that they were treating me as a human being,” Nava said through an interpreter. “They treated me like, ‘Oh it’s nothing.’” A full year after the back-to-back surgeries, Nava said he sometimes wakes up in the middle of the night and stays awake for hours. He’s depressed, he said, and worried. Nava is now cancer-free, but he could need more treatment in the future. And that scares him. “I am afraid to go in for another surgery,” Nava said through an interpreter, “and for me to not come out of it, because someone professionally didn’t do their job.”
Conclusion
The case of Genaro Nava highlights the importance of accountability and patient safety in medical care. The error made by the surgical team at Baylor University Medical Center has had a lasting impact on Nava’s life, causing him significant physical and emotional pain. As the lawsuit progresses, it will be important to consider the measures that can be taken to prevent such mistakes in the future and to ensure that patients receive the care and respect
