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Objects Left in Patient's Body During Surgery

Medical professionals leaving objects in the patient’s body are surprisingly common.

In the high-stakes environment of the operating room, precision and care are paramount. However, despite advances in surgical technology and rigorous protocols, errors can occur. One of the most alarming and egregious forms of surgical error is when a foreign object is left inside a patient’s body. Known as retained surgical items (RSIs), these incidents not only pose serious health risks but also raise significant legal and ethical questions about medical negligence.

Types of Objects Left Behind

RSIs can vary widely in type and size. Commonly retained objects include:

– Sponges and Gauze: These are the most frequently left items due to their small size and the fact that they can easily blend into the surgical site.

– Surgical Instruments: Items like clamps, scissors, and forceps, though less common, have also been mistakenly left inside patients.

– Needles and Fragments: Small needles or fragments from broken instruments can sometimes be overlooked.

– Surgical Drapes and Towels: Larger items like drapes or towels are rare but can be forgotten in the heat of an operation.

– Guidewires and Tubes: Components used during procedures can occasionally be left behind, especially in emergency situations or complex surgeries.

Frequency of Occurence

While RSIs are rare, they are not unheard of. According to a Science Daily article, Johns Hopkins patient safety research estimates that a surgeon in the United States leaves a foreign object such as a sponge or a towel inside a patient’s body after an operation 39 times a week. This translates to thousands of cases annually in the United States alone, making it a significant patient safety issue.

The article further states that the researchers used the National Practitioner Data Bank (NPDB), a federal repository of medical malpractice claims, to identify malpractice judgments and out-of-court settlements related to retained-foreign-body (leaving a sponge or other object inside a patient), wrong-site, wrong-procedure and wrong-patient surgeries. They identified 9,744 paid malpractice judgments and claims over those 20 years, with payments totaling $1.3 billion. Death occurred in 6.6 percent of patients, permanent injury in 32.9 percent and temporary injury in 59.2 percent.

objects in body after surgery Medical Malpractice

Health Risks and Consequences

The presence of a foreign object in the body can lead to severe complications, including:

– Infections: Bacteria can proliferate on the retained object, leading to potentially life-threatening infections.

– Organ Damage: Objects can cause perforation or damage to organs, resulting in internal bleeding and other complications.

– Chronic Pain: Patients may experience persistent pain that affects their quality of life.

– Additional Surgeries: Correcting the error typically requires another surgery, which carries its own risks and costs.

Medical Malpractice and Legal Considerations

Leaving a foreign object inside a patient is generally considered a clear case of medical malpractice. Medical malpractice occurs when a healthcare professional’s negligent actions deviate from the standard of care, causing harm to the patient. In the case of RSIs, several factors must be established to prove malpractice:

  1. Duty of Care: The healthcare provider had a duty to deliver competent care to the patient.
  2. Breach of Duty: The provider breached this duty by leaving an object inside the patient.
  3. Causation: The breach directly caused harm or injury to the patient.
  4. Damages: The patient suffered actual harm, such as physical injury, emotional distress, or financial loss, as a result.

When to Contact an Attorney

If you suspect that a foreign object has been left inside you after surgery, it is crucial to seek legal advice promptly. Here are some steps to consider:

– Medical Evaluation: First, get a thorough medical examination to confirm the presence of the object and assess any health complications.

– Documentation: Gather all relevant medical records, including surgery notes, X-rays, and CT scans, which will be essential for your case.

– Legal Consultation: Contact an attorney specializing in medical malpractice. An experienced attorney can evaluate your case, guide you through the legal process, and help you pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.

Learn more about medical malpractice in our FREE guide.

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

Retained surgical items are a serious form of medical negligence with potentially devastating consequences for patients. While rare, the impact of such errors underscores the importance of vigilance, meticulous surgical practices, and robust safety protocols in the operating room. For those affected, understanding the legal implications and knowing when to seek professional legal help is essential in navigating the aftermath and securing justice.

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 is never any cost to you unless they win your case. Call today at 410-846-0284 to schedule a free consultation.

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