Sponge Count Wrongly Correct

A surgeon operated on a patient to remove a pancreatic mass. At the end of surgery, a sponge count took place. This is standard practice - the scrub nurse and circulator count the sponges and compare with the original count. The surgeon is not involved in the count unless it comes up short, then the surgeon helps look for the sponge(s). The patient had a retained sponge even though the count came up correct. The family sued a year later and the surgeon said he could not be held liable for the nurse's negligence. Turns out it doesn't work like that...

Law Med Blog - Sponge Count