Surgeons go through years of study and practice to learn their profession, and they have systems in place that are supposed to help prevent errors. However, negligent surgical teams can still make medical errors that result in catastrophic injuries to patients.
One tragically common type of surgical error involves leaving surgical equipment or other foreign objects inside patients after surgery. It might be hard to imagine that a surgeon could commit such a mistake, but studies estimate that as many as 1 in 1,000 abdominal surgeries result in foreign objects being left inside a patient’s body.
When a surgical patient has a retained foreign object inside their body post-surgery, that is considered medical malpractice. Surgical malpractice victims in Pennsylvania have the right to pursue compensation for all their related losses.
The law firm of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., has decades of experience handling complex medical malpractice claims. We stand ready to pursue maximum financial compensation on your behalf for any injuries a retained foreign object has caused. We have recovered tens of millions of dollars for our medical malpractice clients, including a $54 million settlement and a $15 million verdict.
For life’s toughest trials, you need the medical malpractice lawyers at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C..
Contact our offices today to speak to a medical malpractice lawyer about your lawsuit for surgical instruments left inside the body. The consultation is free, confidential, and without further obligations.
What Is a Retained Foreign Object?
A retained foreign object is something a surgeon and the surgical team accidentally leave inside a patient’s body after the operation is complete. Due to medical negligence, surgical teams can leave objects inside a patient after sealing the surgical site with sutures and stitches.
Some examples of items that could be negligently left inside a patient after surgery include:
- Surgical sponges
- Clamps
- Needles
- Screws and pins
- Tubing
- Scalpels
- Drill bits
- Equipment fragments
- Gloves
- Scissors
Complex surgical procedures can involve hundreds of different instruments, and even highly trained surgical teams can miss an object if they do not pay close attention and follow protocols to account for every item. Smaller objects and tools, like sponges, are the most likely to be left inside a patient’s body.
If a surgical team left an object inside your body, our retained surgical sponge medical malpractice lawyers can help you receive the maximum compensation you deserve for your losses.
Types of Damage Caused by Retained Surgical Items
Retained foreign objects after surgery can cause a wide range of problems, depending on the type of item and the location where it was left. Some examples of potential issues due to retained surgical objects include:
- Infection – Objects like sponges, bandages, and gauze often retain bacteria and can cause severe infections if left inside the body. Infections from foreign objects can cause sepsis, leading to multi-organ failure and even death.
- Perforations – Sharp objects like needles, scalpels, or other surgical instruments left in the body can pierce organs and tissue, causing lacerations, perforations, and internal bleeding. Objects might pierce crucial organs like the lungs, kidneys, intestines, or stomach, for example.
- Obstructions – Retained surgical objects can also create obstructions inside the body. For instance, objects left inside the intestines can cause bowel obstructions, abscesses, and inflammation.
- Tissue damage – Tools left underneath the skin and in bodily cavities can cause scarring, bruising, and other tissue damage.
Allergic reactions – Certain materials can cause inflammatory responses when left in the body. When tools are left underneath the skin, rashes, itching, and swelling can occur near the surgical site.
How a Medical Malpractice Attorney Can Help
Injured victims of surgical negligence need to show that a doctor-patient relationship existed with the physician, the physician provided substandard care, and the patient sustained serious and permanent harm to be entitled to pursue a medical malpractice claim. The experienced medical malpractice attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C., are ready to gather evidence to prove these elements, such as:
- Medical records and documentation
- Imaging results
- Doctor’s notes
- Analysis from medical experts
Expert medical testimony often plays a key role in malpractice cases by providing information about standards of medical care. We have extensive experience handling medical malpractice cases and know how to present expert medical witness testimony to your maximum advantage.
Our surgical negligence attorneys can determine the full extent of your losses and push back against insurance companies’ attempts to underpay or deny liability. Our lawyers welcome the opportunity to take your case to trial to pursue the maximum compensation you deserve for all your losses, including:
- Emergency medical costs and continuing medical expenses
- Lost income, including hourly pay or salary, bonuses, tips, and commissions
- Diminished lifetime earning capacity due to disabilities
- Physical pain and conscious suffering
- Scarring and disfigurement
- Loss of convenience or enjoyment of life
- Emotional anguish
- Wrongful death benefits for surviving families when retained objects prove fatal
How Retained Objects Happen: Medical Negligence Explained
In virtually every case, retained foreign objects result from medical negligence. Surgical teams have precise procedures they must follow to identify and keep track of surgical instruments, including making a count at the end of the procedure of all instruments that were used.
A lack of communication, poor organization, and insufficient instrument documentation can all cause foreign bodies to be left inside patients. When medical professionals do not abide by accepted practice standards, they can be liable for negligence and responsible for paying for the victim’s injuries and losses.
Some examples of parties who could bear liability for a retained foreign body after surgery could include:
- Surgeons – The head surgeon is responsible for ensuring the surgical procedure proceeds correctly and no errors occur.
- Surgical technicians – Surgical technicians are tasked with accounting for all surgical items and instruments and can be liable if they lose track of them.
- Hospital, clinic, or medical practice – The hospital or clinic employing the surgical team can bear liability if, for example, negligent business, training, or employee certification processes contributed to the accident.
- Post-op healthcare providers – Healthcare professionals who provide surgical aftercare can be liable for injuries from foreign objects if they miss symptoms and signs of foreign objects left in a patient’s body after surgery that another similarly trained professional would have recognized under similar circumstances.
Contact Our Award-Winning Medical Malpractice Attorneys
Retained foreign objects create serious problems after medical procedures. Medical professionals should operate according to the applicable standard of care and can be held accountable for any harm their negligence causes.
Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., will use every available legal strategy and avenue to fight for your full compensation in a medical malpractice lawsuit. Successful surgery is painful and stressful enough, but a botched surgery is far worse. You should not have to bear the consequences alone. We are here for life’s toughest trials.
If you have questions about a surgical instrument left inside the body lawsuit, contact us online or call today to schedule a free case consultation.
BUSINESS INFORMATION
Eisenberg, Rothweiler, Winkler, Eisenberg, & Jeck, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
