Man sues Froedtert Hospital, claims medical instrument was knowingly left inside his body after surgery

WAUWATOSA, Wis. (CBS 58) -- A lawsuit was filed against Froedtert Hospital on Thursday, Aug. 31 for medical negligence and fraud after a local man claims there was malpractice while he was a patient at the hospital back in 2020.

Nestor Vega, 45, said he believes a medical instrument was knowingly left inside his body after undergoing a surgery, leading to severe and permanent damages.

"It has stopped me from mobility, spending time with my kids, my grandkids, I can't play sports; you know, I can't even sit up a few minutes to take my kids to the movies," he said.

Vega said his life changed forever after a car accident led him to an ankle surgery at Froedtert Medical Hospital on Sept. 2, 2020.

"All of these individuals heard this pop, it was no mystery that this fragment of this surgical drain was inside Mr. Vega," said Attorney B’Ivory LaMarr at a press conference Thursday. "Instead of getting an x-ray and setting him up for an immediate surgery thereafter, instead, they tried to act like this situation didn't exist."

CBS 58 News reached out to Froedtert regarding the lawsuit, and they issued the following statement:

"We are empathetic to any patient whose expectations have not been met during their course of care. Due to patient privacy laws and ongoing litigation, we are not commenting further."

Attorney LaMarr also shared with CBS 58 News a cellphone video Vega took moments after the surgery happened--showing his concern from the very beginning.

Vega was rushed to an emergency surgery about three months later after he alleges a bad infection arose and doctors were ultimately able to take the plastic piece out of his body. Even years later, Vega said he is still dealing with the consequences of the infection. 

"It's real hard, I go through pain daily," he said, with tears in his eyes. "Every day this pain, (it) don't go away, it don't."