Gauze Left Behind During an Operation Causes an Artificial Reproductive Treatment Ineffective
The plaintiff X went to a hospital which belonged to the defendant Y to undergo a surgery for a fibroid, but the surgeon left the gauze in the rectal fossa of the uterus mistakenly, causing obstruction and adhesion of the ovarian soft tissue on the both sides, making the subsequent artificial reproductive operation unsuccessful for over a year. The plaintiff X removed the ovarian cysts and removed the gauze left behind from the previous surgery in April 2002. X sought damage from the defendant Y for non-performance of her debt. Tokyo District Court held finally that the artificial fertility treatment for more than one year was ineffective due to the leftover gauze, which was caused by the defendant’s negligent act, and therefore was liable for this part of the damages. However, the artificial reproductive treatment after removing the gauze had not yet become ineffective duet to adhesion or healing, so the defendant was not liable for these part of the cost.