Man sues surgeon for leaving medical device inside him

By Kyla Asbury | Sep 1, 2011

WINFIELD – A man is suing a surgeon after he claims the surgeon left a medical device inside of him after he had surgery.

On April 24, 2009, Dr. Frank J. Richter performed an operation on Neal Browning's ureter that involved a stent and on April 29, 2009, Richter performed an additional operation where he reported that the stent had been removed, according to a complaint filed Aug. 18 in Putnam Circuit Court.

Browning claims after the procedure he suffered significant pain and bloody urine and was admitted to St. Mary's Medical Center on Feb. 21, 2010, where a CT scan revealed a linear calcification located in the upper left ureter.

On March 4, 2010, Browning underwent an operative procedure to remove the linear calcification and the surgeon reporter that it was a medical device that had previously been left as a result of the April 24, 2009 and/or April 29, 2009, operative procedures by Richter, according to the suit.

Browning claims surgical pathology noted that the foreign body was 5 centimeters in length and 0.1 centimeters in diameter that consisted of a plastic tube device.

By leaving the medical device, the defendant failed to act in the same manner in which a reasonably prudent physician would have under the same or similar circumstances, according to the suit.

Browning claims the defendant caused or contributed to cause him to require a second operative procedure to remove the foreign body left in him, along with pain and suffering.

Browning is seeking compensatory damages with pre-judgment interest. He is being represented by Arden J. Curry II.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 11-C-231

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