D'Amore Personal Injury Law, LLC

Non-sterile Surgical Instruments

Surgical instruments must be properly sterilized, or patients can suffer serious harm.

Surgical instruments must be properly sterilized, or patients can suffer serious harm. In such cases, a patient may be able to pursue legal action against a medical provider for damages by filing a medical malpractice lawsuit. For a potentially successful medical malpractice case to be filed in Maryland or Washington, D.C., the plaintiff must first prove that the defendant physician or other healthcare provider was negligent and failed to meet accepted professional standards of care when providing treatment.

Claiming Damages

The use of non-sterile surgical instruments can lead to serious consequences, including infections, organ damage, and even death. Depending on the severity of the case, this negligence can result in costly medical bills, lost wages when time away from work is necessary for recovery, and emotional distress due to pain and suffering caused by the injury or illness resulting from exposure to unsterilized medical equipment.

non sterile surgical instruments

Proving Medical Malpractice Negligence

Several factors are considered when determining whether a particular instance of medical negligence is worthy of filing a lawsuit against a healthcare provider in Maryland or Washington, D.C. If it is found that an object used during surgery was not sterilized properly, or at all, before its use, the patient would have provable grounds for a lawsuit because the doctor and staff did not meet a legally required professional standard of care. Any harm suffered directly from using unsanitary instruments would also justify filing suit against those responsible. 

Statute of Limitations

It is crucial for claimants injured by objects left inside their bodies during surgery to understand that time limits apply for filing these types of malpractice lawsuits. Generally, there is a three year time limit to file a claim. Failing to act within the state’s statute of limitations could prevent victims from recovering compensation for their injuries. Limitations issues are complicated, and discussion of your particular circumstances with an experienced medical malpractice attorney is essential as soon as you suspect you have been a victim. 

Learn more about medical malpractice in our FREE guide.

Medical Malpractice -eBook Cover - Maryland Med Mal Attorney Paul D'Amore

Medical Malpractice Attorneys in Maryland and Washington, D.C.


If you or a loved one were harmed from an object left behind during surgery, you may have a case for medical malpractice. The skilled attorneys at D’Amore Personal Injury Law will provide you with a free evaluation of your case and advise you of your legal rights. There are never any out-of-pocket costs to you unless they win your case. Reach out today at 410-324-2000 to schedule a free consultation.



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