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Lawsuit Filed Against Northwestern Medicine McHenry Hospital

Patient Alleges Surgical Sponge Left Inside After Surgery

A lawsuit has been filed against Northwestern Medicine McHenry Hospital, Illinois, alleging that a surgical sponge was negligently left inside a patient after surgery, according to a complaint filed in McHenry County Circuit Court.

Background of the Case

Frank Kryzak, who was being treated for cancer, underwent surgical left neck exploration, excision of a cervical mass, and lymph node dissection on January 31, 2023, according to Bobber, Teich & Pippin, the Chicago-based law firm representing Kryzak.

Symptoms and Second Surgery

In the weeks and months following the surgery, Kryzak "continued to have significant unexplained swelling in his neck and drainage from his surgical wound," according to his attorneys. Kryzak sought the opinion of a different surgeon, and on May 31, underwent a second surgery to determine the cause of his symptoms. The surgeon performing that procedure found and removed a surgical sponge from the initial surgery, according to the court complaint.

Allegations of Medical Negligence

The medical malpractice lawsuit alleges that Meredith Gardner, a surgical technologist, nurse Elizabeth Romanes, and the doctor who performed the surgery, Dr. Aqeel Sandhu, failed to ensure all sponges were accounted for and did not follow procedures and protocol pertaining to a sponge count.

Defendants’ Allegations

Defense attorneys allege that Sandhu, who performed the initial surgery, "failed to schedule follow-up visits or properly investigate the cause of the swelling and other symptoms."

Consequences of the Incident

Kryzak "was the victim of clear medical negligence and as a result he endured months of unnecessary pain and suffering, was forced to undergo a second surgery to remove the sponge, and had his cancer treatment delayed," his attorneys said.

Pain and Suffering

Kryzak’s attorneys stated that he didn’t undergo any surgical procedures or other events that could have resulted in a retained surgical sponge prior to May 31. According to the lawsuit, the cause of what occurred was "within the exclusive control of the defendants."

Conclusion

As a direct and proximate result of the retained surgical sponge, plaintiff sustained serious and permanent injury, experienced and will in the future experience significant pain and suffering, disability, and loss of a normal life, incurred and will in the future incur medical expenses, and experienced delay in his medical care.

Frequently Asked Questions

  • What is the nature of the lawsuit?
    The lawsuit alleges that a surgical sponge was left inside a patient after surgery, resulting in unnecessary pain and suffering, and delays in medical care.
  • Who are the defendants in the lawsuit?
    The defendants include Meredith Gardner, a surgical technologist, nurse Elizabeth Romanes, and Dr. Aqeel Sandhu, the doctor who performed the initial surgery.
  • What are the allegations of medical negligence?
    The lawsuit alleges that the defendants failed to ensure all sponges were accounted for and did not follow procedures and protocol pertaining to a sponge count, resulting in the retention of a surgical sponge.
  • What are the consequences of the incident?
    Kryzak suffered months of unnecessary pain and suffering, was forced to undergo a second surgery to remove the sponge, and had his cancer treatment delayed.
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