If you have had a surgical sponge, instrument, or other object left behind following surgery, you may be entitled to compensation. When a foreign object is left behind in a patient, the surgeon has failed to fulfill their legal duty of care. Unfortunately, a patient may not realize that a surgical instrument or sponge has been left behind until complications arise. To discuss your matter with one of our Harrisburg surgical error lawyers, reach out to us at your earliest opportunity.
Left Behind Foreign Objects are “Never Events”
A surgeon has a duty of care to patients to use precision and accuracy when performing surgeries. A surgeon must also conduct meticulous instrument counts to prevent errors from happening. Surgical instruments left in the surgical field are known as “never events” because they are completely preventable. Retained surgical instruments include clamps, sponges, forceps, scalpels, retractors, gauze, and other objects used during surgery. Although hospitals have protocols for proper instrument counts, foreign objects do sometimes get left behind.
Complications from Retained Foreign Objects
Retained foreign objects pose a significant risk to the patient, potentially causing a post-operative infection, organ perforation, chronic pain, and potential death. If a more flexible object is left in the body cavity, patients may experience an inflammatory response. Given the harm caused by retained surgical instruments, patients often require revision surgery, which can prolong recovery.
Can I Take Legal Action if a Foreign Object is Left Inside Me?
If a surgeon leaves a foreign object after your surgery, it is medical malpractice. To win your claim, show a doctor-patient relationship, a breached duty of care, and harm from that breach.
The Commonwealth allows 2 years to file a malpractice claim, but more time applies if a foreign object is left after surgery. The “clock” starts when you discover or should have discovered the object, often after symptoms appear.
Most medical malpractice cases have a seven-year statute of repose, a strict deadline to file a lawsuit. This does not apply to foreign objects left in the body. If a surgical instrument is discovered years after a 2020 surgery, you have two years from discovery to take legal action.
Who is Liable When a Surgical Instrument is Left Behind?
Depending on the circumstances surrounding your claim, you may be able to take legal action against the following parties:
- Surgeon: Who has a legal duty to ensure that all surgical tools are organized and accounted for.
- Surgical team: Who is responsible for implementing institutional procedures to ensure accurate instrument counts?
- Surgical nurses: Who are responsible for verifying that all instruments are in the surgical field as well as updating the surgeon with the count status, especially prior to closing.
Potential Damages
Individuals injured by foreign objects left in the body cavity may experience significant pain that can prevent them from working and require immediate hospitalization once symptoms begin. Retained foreign objects are often, but not always, discovered through medical imaging. Sometimes, multiple tests are needed to locate the object.
Damages for retained foreign objects may include financial, emotional, and physical losses. Most patients require revision surgery, so you may seek compensation for related medical expenses. Chronic pain can affect emotional well-being, leading to damage from pain, suffering, and distress. In severe cases, loss of future earnings can also be pursued if the individual cannot return to work.
What Happens if I Miss the Deadline?
If you miss the two-year deadline after discovery, you cannot recover damages. Insurers and hospitals have little reason to settle if you file late.
Before you decide that time has run out, you should speak with our legal team to discuss your legal options. At Marzella & Associates, our Harrisburg medical malpractice lawyers will conduct an independent investigation into your matter to determine when you reasonably would have become aware of the retained object. Our legal team will pull your medical records to show the medical inaccuracies in the defense’s claim.
Speak with Our Harrisburg Surgical Error Lawyers Today
If you or a family member has experienced a foreign object left after surgery, take the first step toward recovery: contact our Harrisburg surgical error lawyers for a free consultation. Call Marzella & Associates at (717) 876-8681 or reach out online to discuss your case and legal options with an experienced attorney.