Did any of those suing him actually win a judgement or settlement?
Actually, leaving sponges in is on the whole crew. Not just the surgeon.
Someone is supposed to be counting that stuff.
There is much more teamwork in the operating room than you see on TV. Those assisting are trained to speak up when they have a miscounted, or if something is not right.
Yes, ultimately he is responsible. Like any leader.
But stuff happens all the time.