Lawsuit: Texas Health Presbyterian Hospital Rockwall Caused North Texas Man's Painful E. Coli Infection, Result of Surgical Sponge Left Inside His Abdomen

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May 12, 2022, 08:03 ET

Lawsuit brought by The Button Law Firm alleges doctor and hospital employees neglected patient safety protocols

DALLAS, May 12, 2022 /PRNewswire/ -- A North Texas man believes a laparotomy sponge left inside his abdomen during small bowel resection surgery last summer resulted in a serious infection caused by E. coli bacteria. Justin Martin is suing Texas Health Presbyterian Hospital Rockwall (THR Rockwall), Dr. Katherine Makohon, Lakeside Surgery, and other employees who participated in the medical procedure, alleging patient safety protocols that prevent these kinds of incidents were not followed.

The suit states Martin was in the care of Dr. Makohon shortly after he sought help for abdominal pain at THR Rockwall's emergency room on June 21, 2021. He was admitted to the hospital for further evaluation and management of ileitis, inflammation of the intestines, including a surgical procedure and possible colectomy.

Dr. Makohon, an employee of Lakeside Surgery and consulting physician for THR Rockwall, and the hospital employees who staffed Martin's small bowel resection surgery were expected to follow patient safety protocols, which included participating in sponge, needle, and instrument counts at multiple junctures during the procedure. According to the lawsuit, the hospital staff conducted four counts during the operation, but Dr. Makohon failed to participate in and was not provided notice of conducting the count procedure at least once before she proceeded with closing Martin's abdomen. In addition, the suit claims the missing sponge was not charted.

Two weeks after the surgery, Martin experienced a gush of pinkish fluid rushing out of the incision and returned to THR Rockwall by ambulance, where doctors found "foul smelling drainage," according to the lawsuit. Martin's blood work revealed signs of infection and inflammation with an intra-abdominal abscess that measured approximately 12 cm near his incision area. The suit states a CT scan found Martin had a "narrow rectangular object in the abdomen that was suspicious to [Dr. Makohon] as a foreign body." The suit cites that the finding landed Martin back in surgery to remove the sponge left inside his body, which was now infected—a wound culture even revealed the presence of E. coli bacteria. Martin continued to experience intense pain, even with morphine, and his severe injuries will have lifelong consequences, according to the suit.

"What happened to Mr. Martin is a prime example of why patient safety protocols were created," says Russell Button of The Button Law Firm, one of the attorneys representing Martin in this case. "A simple instrument count before completing his first operation would have protected him while in the care of Texas Health Presbyterian Hospital Rockwall, Dr. Makohon, and the hospital staff."

The lawsuit is Justin Martin vs. Katherine Rose Makohon, M.D.; Lakeside Surgery, P.A.; Rockwall Regional Hospital, LLC d/b/a Texas Health Presbyterian Hospital Rockwall; Amanda E. Jones, R.N.; Mary J. Hamel, R.N.; Joel T. Catanzano; and Pamela J. Riley, C.S.T.;
Cause No. CC-22-02340-E in Dallas County, Texas.

About the Button Law Firm
The Button Law Firm (https://www.buttonlawfirm.com) is a Texas-based personal injury law firm that represents individuals in meaningful litigation to make local communities safer, including medical malpractice, daycare injuries, catastrophic injuries, and automotive accidents. The firm has offices in Dallas, Houston, and Midland.

SOURCE The Button Law Firm