Patients expect their medical team to be as thorough as possible and keep them safe when they undergo surgery. Unfortunately, errors can and do still occur. One of the most serious (yet entirely preventable) mistakes surgeons or staff can make is leaving equipment or materials inside a patient.
Leaving surgical equipment behind after a procedure can have devastating consequences. Patients may be entitled to compensation, but to successfully pursue a medical malpractice claim, it’s essential to understand how these mistakes occur, how to identify them, and what legal help is available.
Common Surgical Equipment That May Be Left Behind
While leaving surgical equipment behind is not common, there are some common items involved when these errors do occur. Those items include:
- Sponges or gauze
- Needles or surgical instruments
- Poorly secured medical devices or implants
Even a small object can cause serious harm, including infections, pain, organ damage, or life-threatening complications. These errors often require additional surgeries to correct, leading to prolonged recovery and increased medical costs.
Signs You May Have a Retained Surgical Object
Patients may not realize a mistake occurred immediately. Symptoms often appear days, weeks, or even months after surgery. Those symptoms might include:
- Persistent pain or tenderness near the surgical site
- Swelling or unusual lumps
- Recurrent infections that do not respond to antibiotics
- Fever, nausea, or other systemic signs of infection
- Unexpected internal bleeding or organ dysfunction
If you experience any of these symptoms, seek immediate medical attention, and protect your legal rights by keeping detailed records of your symptoms and treatment.
The Legal Implications of Leaving Surgical Equipment Behind
Surgical instruments left inside patients are considered “never events” in the medical world. Never events are mistakes that should never occur when a medical team follows the proper safety protocol. These errors typically constitute a clear medical malpractice claim.
If you had a surgical instrument left inside you, it’s your legal right to hold the negligent medical professionals accountable and recover compensation for your injuries. However, you must still prove that the error occurred, connect it to your injuries, and show how your injuries have impacted your daily life and finances. This typically requires the help of a skilled medical malpractice attorney, no matter how obvious the medical malpractice may be.
Proving Medical Malpractice
Building a compelling case after a medical professional leaves surgical equipment behind requires strong evidence. That evidence can include:
- Medical records and operative reports showing instruments used and protocols followed
- Imaging tests revealing retained objects
- Expert testimony from surgeons or surgical nurses
- Documentation of your losses, including additional surgeries, hospital stays, medications, and lost wages
How a Medical Malpractice Attorney Can Help
Working with a skilled medical malpractice attorney can alleviate the burden of pursuing your claim and allow you to focus on recovery. Your attorney can help by:
- Reviewing Your Surgical Records: Your attorney can carefully examine all relevant records of your procedure to identify errors or protocol violations.
- Consulting Medical Experts: Surgeons and other medical specialists can explain how the error occurred, why it shouldn’t have, and how it has impacted your health to lend credibility to your claim.
- Dealing with Insurers: Insurance companies will fight to minimize your payout. Your attorney can protect your rights by handling all communications with them.
- Negotiating a Fair Settlement: Your attorney can assess the full extent of your losses and then advocate aggressively for the settlement you deserve.
- Representing You in Court: If a fair settlement can’t be reached, your attorney will file a lawsuit and take your claim to court, where a seasoned trial lawyer will fight for a favorable verdict on your behalf.
Contact a Medical Malpractice Attorney Today
If you’ve suffered harm due to a surgical error, you deserve justice. The team at Gill Law Firm has extensive experience holding negligent healthcare providers accountable, and we’re prepared to fight for the compensation you deserve. Contact us today for your free consultation.