Dalton doctor, hospital sued

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May 14, 2010

Towel allegedly left in patient

Mark Millican Dalton Daily Citizen

DALTON — A surgical towel allegedly left inside a patient in a 2007 surgery performed at Hamilton Medical Center is the basis for a civil suit against the hospital and a local surgeon.

Dr. Eric Manahan of Dalton Surgical Group and Hamilton Medical are named as co-defendants. The suit, filed last month by Darrell Wayne Jones of Dalton in Whitfield County Superior Court, claims medical malpractice and negligence occurred resulting in numerous medical problems from the towel being left in his abdomen during a “partial colectomy” on Feb. 13, 2007. Manahan was assisted by Dr. Richard Fromm, also a member of the surgical group, according to the filing.

Neither Fromm nor Dalton Surgical Group are listed as defendants.

According to the lawsuit — which includes “John Does 1-2” and “Jane Does 1-2” as Hamilton Medical Center defendants — Jones had undergone a colonoscopy administered by Dr. Lee Strauss on Jan. 18 and was referred to Manahan for a “surgical consultation” on Jan. 25. The recommendation was that Jones undergo the surgery to “reduce the risk of recurrent cancer in the area where a polyp had been removed.”

Ten days after the surgery, Jones reported “redness at the incision” that was “draining pus (with) significant abdominal pain,” according to the lawsuit. Manahan wrote after seeing him on that day, “I would not be surprised if he developed a purulent (lesion with pus) abscess which will need open drainage.”

Jones was re-checked on March 1 after making complaints of worsening pain, nausea and vomiting. Manahan noted, “The incision was healing well with no signs of infection,” and removed the surgical staples. The suit says, “(Manahan) did not address the complaints of pain, nausea, pus draining from the wound and vomiting at all in the note but rather dictated, ‘The patient is doing well.’”

Jones continued to complain of abdominal pain as well as dizziness, nausea and loss of appetite. In September, Jones was treated with intravenous infusions of iron to treat anemia as ordered by Strauss. Later that month an endoscopy and abdominal scan were canceled due to Jones receiving blood transfusions. Strauss noted in Jones “a lot of anxiety, and insomnia related to his persistent abdominal problems, weakness, numerous doctor visits and increasing medical bills.”

Jones visited the Baylor Hospital Emergency Department in Garland, Texas, in late November 2008. Dr. Walter Johnson reviewed results of a “CT of the abdomen” with a radiologist and reported concerns of a “possible mass and small bowel obstruction.” On Feb. 26, 2009, Jones underwent an “exploratory laparotomy (surgery into the abdomen)” from Dr. William Theus at Gordon Hospital in Calhoun.

Theus said the procedure was “difficult” due to “extremely dense adhesions,” according to the lawsuit. He had to resect the bowel due to the risks of trying to separate the adhesions, and removed 100 centimeters (one meter) of small bowel, including the “large encapsulated mass.” Pathology identified the mass as a “rolled surgical towel” measuring 37 x 60 centimeters (the size of a hand towel).

Jones filed the suit through attorneys Bobby Lee Cook of Summerville and David Groover of Calhoun. Cook was asked if there had been a response from the defendants.

“Well, nothing of any consequence,” he replied, “except Dr. Manahan says it’s the hospital’s fault and the hospital says it’s Dr. Manahan’s fault ... Manahan says, and I quote, ‘The HMC nursing staff and HMC (surgical team) were responsible for surgical counts of surgical sponges, including surgical towels ... and instruments used in connection with the procedure.’”

Cook said under Georgia law plaintiffs cannot make a specific request for a dollar amount for damages.

He said Jones’ experience has been “terrible.”

“He’s had a lot of pain and suffering over a period of time because of the towel,” he said. “It’s certainly not the proper standard of care to leave a ... towel in somebody’s abdomen. It’s pretty simplistic, a very uncomplicated matter ... I don’t think you’ll find any doctor in America that would say that it’s proper standard of care to leave a towel in somebody’s abdomen.”

Citing Health Insurance Portability and Accountability Act (HIPAA) regulations, spokeswoman Marcia Casteel of the Hamilton Medical Center public relations department said, “I can’t give out any information ... (and) cannot comment on whether that person was a patient.”

Attorneys representing Hamilton Medical Center and Manahan both supplied responses in court.

“The defendant admits that certain nurses participating in the procedure do account for all surgical towels used during the procedure,” wrote Manahan’s attorney, Daniel Stefaniuk of Chattanooga. “The defendant’s conduct at all times complied with the standard of care required of him, and as such, the defendant is not liable to the plaintiff ... (the) defendant Eric Manahan, M.D., demands a trial by jury of 12 persons for all issues so triable ... (and) requests that plaintiff’s complaint be dismissed.”

Attorney Bill Jourdain represents Hamilton Medical Center.

“The defendant ... having fully and completely answered each and every allegation of the plaintiff’s complaint, prays that the same be dismissed with all costs of this action taxed against the plaintiff,” Jourdain wrote after a lengthy dispute of the allegations against HMC.

A number found for Jones stayed busy all day Friday. Manahan did not immediately return a call left at his office. Stefaniuk said he had “no comment” on the lawsuit.

“Generally, it’s the position of Hamilton not to comment on any pending litigation, and since this is pending litigation we simply can’t comment on the position of the parties or the allegations of the parties in the case,” Jourdain said.

Jourdain was asked about a timeline in which the suit might play out.

“I would suspect that the timeline would be very slow as these things go,” he said. “The case is filed, and the parties have exchanged what we call ‘written discoveries.’ The next step would be to take depositions and that will take a number of months, and I expect the case would not be resolved by trial or something like that for at least a year.”