Retained Objects From Surgery

A shocking, but not so uncommon surgical error is to leave foreign objects like sponges, gauze, needles and even surgical instruments and towels inside the patient.  The result can be catastrophic to the patient.  Foreign objects left in the body can lead to life threatening infections, bowel perforations, organ damage, and severe pain.  Even in the best case scenario the patient is usually subjected to the physical and emotional tolls of otherwise unnecessary surgery, hospitalizations, unsightly scars, and additional expenses.  

These cases require a thorough understanding of appropriate operating room procedures and the various roles of the surgeons and surgical nursing staff.  At Williamson & Lavecchia, L.C., our attorneys have successfully handled many cases involving retained objects during surgery.  Examples include sponges left during surgery to remove a gall bladder, a hysterectomy, and a Cesarean section. In each case, the patient required further invasive surgery, lengthy recuperation and the patient incurred significant medical expenses.

Minimal operating room procedures:   There should always be an initial count prior to surgery of all sponges, needles, and other surgical instruments that will be placed inside the patient’s body during surgery.  The initial count serves as a baseline for subsequent counts.  The scrub and/or circulating nurse should audibly count each item before surgery, whenever more sponges or instruments are added to the surgical field, before closing any body cavity, and before completion of the surgical procedure.  The nursing staff should document each count.

Typically, the operating room nurses are responsible for maintaining an accurate count of the sponges and instruments.  However, the surgeon should inquire of the nurses whether the counts are correct.  If they are not correct, the surgical wound should not be closed until a correct count is verified.  If necessary an intra-operative x-ray can be taken to locate the unaccounted foreign bodies left inside the patient.

If you or a loved one has been a victim of a retained foreign object, you are invited to contact us to discuss your legal rights. 

Frequent Questions for Retained Objects From Surgery:

• What is the mortality rate for unintended retained foreign objects?
• What is the statute of limitations for a retained foreign object?

Web Resources for Retained Objects From Surgery:

• Prevention of Unintended Retained Foreign Objects in Surgery

  Description: This link takes you to a scholarly article on steps health care providers can take to prevent unintended retained foreign objects in surgery.

• The Retained Surgical Sponge

  Description: This article discusses the frequency of retained foreign objects as well as the mortality rates.