10-inch surgical instrument left inside cancer patient’s abdomen, lawsuit claims

A man in Texas is suing Baylor University Medical Center after a 10-inch long metal surgical instrument was left inside his body after a cancerous tumor extraction, leaving him in severe pain for days. 

Genaro Nava, 58, rated his pain a nine out of 10, was throwing up, and had high blood pressure when he arrived at his follow-up appointment—all signs something was very wrong. Concerned he may have an infection, his doctor ordered an X-ray at the site of the pain. 

That’s when they discovered a surgical retractor—used to hold open an incision—was accidentally left inside Nava’s body, pressing into the internal tissue of his abdomen. The medical device, according to a court filing, was roughly 9.5 inches long and 2.5 inches wide. 

Moreover, according to Nava and his attorney, despite the shocking revelation, Baylor staff acted like the error wasn’t a big deal. 

Named in the lawsuit is the hospital, along with three members of the surgical team. In covering the story, the Dallas Morning News said a spokesperson for Baylor ostensibly admitted to the mistake, expressing “deep regret” and adding that they’re working with Nava and learning from the incident.  

Whether the lawsuit will be settled out of court or make its way to trial remains to be seen. However, Nava is seeking financial damages for his physical and mental pain and suffering. 

Before the procedure was scheduled, he had been diagnosed with pancreatic cancer. The associated tumor was extracted by a robot and was successful, court documents show. 

However, Nava said the experience has left him afraid to have another surgery. Luckily, he has been determined to be cancer free. 

The incident happened in August 2024. 

For more, read the full story in the Dallas Morning News.