Maybe give him a couple recent copies of your wife's pay stubs to give him a chance to make up for lost wages. It won't take long to see if the Dr. Is willing to do the right thing. If you and your wife feel like your being treated fairly then go with it, if not you might want to seek legal assistance. It's really not anyone else's business what you and your wife choose to do.

I have to agree. Read the surgical consent. Prop 12 means there are very few law firms actually qualified to handle a for real malpractice suit. Someone has to front the money and it will be expensive. Leaving a sponge is probably not gross negligence. A qualified law firm will know the standard settlement for this.

Not being a smartalic but have you ever made a mistake at work? If so probably had a boss or company absorb the cost of you are your own boss , then you know what happens. He sounds like a stands up guy , he could’ve lied or ignored you and walked away made you hire attorney go through a big mess. Lots of people would’ve blamed you some how. That’s how things are these days. I’d ask him to cover cost for that side for awhile in case things happen, ask him for wife’s time off work money , better yet ask him to donate some money to your wife’s favorite charity. The pain and suffering idk , tough one. I was bit by a brown recluse hurt for along time. Couldn’t sue anyone and was never mad that I couldn’t. It sucks , you have a good point could probably stick it to him , would it make you fell better?

Let he who is without mistakes hire the first lawyer.

You actually have two complaints here that could be actionable - one against the doc, one against the surgery center. You'll want to weigh options on each.

Yeah, it was the doc's mistake.

But it was the surgery center's responsibility to count equipment and supplies. That's standard procedure in every OR, and they provide the surgical nurses and assistants who are responsible for that. They should have accounted for all the supplies before he closed up.

You might have a better case against the surgery center, and it might be more worthwhile to pursue that one if that's the way you're leaning.

Hell froze over I agree with WAWI

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I agree with Bob and WAWI on this one. This Doc is doing the right thing.

This means you are evolving as a person Ratz, I'm proud of you.

Whatever route you go. Get everything in writing and signed.

I'd only ask for reimbursement of any wages or expenses caused by this......

That’s quite the pickle dw sorry you and the misses have to deal with all this . I’d talk with the wife and bounce ideas off of her . Ultimately I believe I would lean more towards forgiving him and rolling with it . Especially with him being forthcoming and what not . Glad she is okay !

This.

This, if she is out two weeks of wages,. He will to avoid any legal action. He may be looking at disciplinary action from a medical review board as a result of his first surgery .