If you are considering filing a retained surgical instruments lawsuit, you need a strong and experienced New Jersey medical malpractice attorney on your side. Contact O’Connor, Parsons, Lane & Noble today to set up a no-cost case assessment: (908) 928-9200
Shockingly, surgical items and other foreign objects are left inside of thousands of American patients each year.
This is something that should never happen.
According to the Center for Medicaid and State Operations, leaving behind an object after a surgical operation is a “never event.”
Doing so can cause severe harm, even death. There is no excuse for this type of medical error.
Doctors, surgeons, nurses, hospitals, and healthcare providers must be accountable for their negligence.
An Overview of Foreign Objects Left in the Body After Surgery
A wide range of different items is sometimes left behind by surgeons, doctors, and nurses after major medical operations.
Any foreign object left within a patient can potentially cause serious physical harm, including life-threatening infections.
Some of the most common objects left in the body after surgery include:
- Sponges;
- Towels;
- Needles;
- Knives (especially blades);
- Scalpels;
- Clamps;
- Gloves;
- Surgical masks;
- Forceps; and
- Medical scissors.
There are several hundred types of surgical instruments and tools that could be left behind. That is why surgeons and their surgical technicians need to pay close attention to all the tools used.
The Reasons Why Objects Get Left in the Body
Medical professionals and hospitals must have effective protocols in place to prevent objects from being left inside a patient. Sadly, this very serious and blatant form of medical malpractice still happens in far too many cases.
Some of the most common reasons why objects are left behind in a body after a surgical operation are as follows:
- The hospital failed to develop or implement effective protocols to ensure that all objects, medical instruments, and medical materials are accounted for;
- Surgeons or nurses deviate from the required medical procedures;
- There was poor communication between the medical professionals involved in the operation; and
- There was sloppy or negligent work by surgeons or nurses.
Human error is the primary reason that surgical instruments are missed and left inside patients after a medical procedure.
The risk of leaving equipment behind is increased when surgeons are doing back-to-back surgeries and are fatigued.
Surgical teams need to do everything possible to keep any tools from being left behind.
Technology can help. Many hospitals use radiofrequency tags or X-ray-detectable markers so the team can confirm nothing was left behind before the incision is closed.
Sponges are among the most common objects left behind. Some medical facilities rely on sponge-tracking technology with barcodes. Before using a sponge, someone will scan it.
That way the surgical team knows whether all sponges are accounted for after surgery. A retained object is easier to document than most malpractice, but the resulting injuries still have to be tied back to the surgery. That link is central to proving your medical malpractice claim.
Compensation Available for Objects Left in the Body
If you or your loved one was the victim of medical malpractice, you may be entitled to financial compensation.
Unfortunately, medical providers and their insurance companies are extremely aggressive in defending these claims. They make it difficult for patients to get the full financial support that they rightfully deserve.
At O’Connor, Parsons, Lane & Noble, our New Jersey medical malpractice lawyers help victims who suffered harm because of an object left in their body after surgery get the maximum available financial recovery.
Compensation may be obtained for:
- Emergency medical treatment;
- Other medical expenses;
- Physical therapy or rehabilitative care;
- Loss of wages;
- Pain and suffering;
- Emotional distress;
- Scarring or disfigurement;
- Loss of life enjoyment; and
- Wrongful death of a family member.
There are numerous consequences of leaving surgical instruments in a patient. The effects will vary based on the type of object and where it was left inside the body.
Your potential compensation will be directly linked to the severity of your injuries and how long it takes you to recover.
Finding out there is an object left behind in your body is a traumatic experience.
Sometimes, it can be years before a victim realizes something is wrong. By then, you could have serious damage or significant infection.
More than likely, you will need another emergency surgery to remove the item.
New Jersey Rules for Retained Object Cases
Two features of New Jersey law often matter in these cases. First, the filing deadline. Medical malpractice claims generally must be filed within two years, but because a retained sponge or instrument may not cause symptoms right away, New Jersey’s discovery rule can start that clock when you learned, or reasonably should have learned, that something was left behind. Our guide to the medical malpractice statute of limitations in NJ explains how this works.
Second, proof. Most malpractice cases require expert testimony and an affidavit of merit from an appropriately licensed professional. In some cases where the error is obvious to an ordinary person, New Jersey courts have recognized a “common knowledge” exception that can reduce the need for expert proof. Whether that exception applies depends on the facts, so we prepare these cases with qualified experts from the start.
Who Can Be Held Responsible
Several people share responsibility for accounting for every item used during surgery, including the surgeon, the scrub and circulating nurses who perform the counts, and the hospital or surgical center that sets the counting protocols. A retained object case often involves both individual errors and hospital malpractice, such as inadequate staffing or count procedures that weren’t followed. It’s one of several kinds of surgical errors our attorneys handle.
Signs Something May Have Been Left Behind
Symptoms depend on the object and where it is, and they can appear days, months, or even years after surgery. Warning signs can include persistent or worsening pain near the surgical site, fever or signs of infection that don’t respond to treatment, swelling or a lump, digestive problems after abdominal surgery, and a wound that won’t heal. Retained objects are often found on an X-ray or CT scan ordered for an unrelated reason. If you’ve had surgery and something doesn’t feel right, raise it with your doctor and keep copies of any imaging reports.
If a retained object is found, ask for a copy of the imaging report and the operative report from the original surgery, and keep track of any follow-up procedures and time missed from work. Those records help show what was left behind, when, and how it affected you.
Retained Object FAQs
Is every object left in the body malpractice?
No. Some items are left in place on purpose, such as surgical clips, screws, plates, or mesh that are part of the treatment. A claim usually involves an item that was supposed to be removed, like a sponge, a needle, or an instrument, and that was left behind because a count or check failed.
Do I need to have the object removed before I can bring a claim?
No. Your medical care comes first, and the decision about removal belongs to you and your doctors. Imaging that shows the object, along with the surgical records, can support a claim whether or not it has been removed yet.
What if the surgery happened years ago?
It may not be too late. Because retained objects are often discovered long after surgery, New Jersey’s discovery rule can start the two-year deadline when you learned, or reasonably should have learned, about the object. Talk to a lawyer promptly once it’s found.
Get Help From Our New Jersey Medical Malpractice Attorneys Today
At O’Connor, Parsons, Lane & Noble, our New Jersey medical malpractice lawyers have extensive experience handling retained surgical instrument lawsuits.
To set up a free, no-obligation initial legal consultation, please contact our legal team right away.