Compensation for Objects Left in Body After Surgery.

A retained foreign body refers to any surgical instrument, sponge, or other object that is unintentionally left inside a patient’s body following a surgical procedure. This type of medical error, while rare, is a critical issue in healthcare that can lead to severe and sometimes life-threatening complications.

Examples of retained foreign bodies include:

• Surgical sponges: Often used to absorb blood and fluids during surgery, sponges can be accidentally left behind if not counted correctly.
• Needles and surgical instruments: Items such as needles or small tools might be left inside if not properly tracked.
• Surgical drains: Sometimes, drains used during surgery might be unintentionally left inside the patient’s body.

The most common retained surgical item is a surgical sponge or gauze. These items are frequently used during surgeries to absorb blood and fluids. Due to their soft and compressible nature, they can be inadvertently left inside the patient’s body if proper counting and accounting procedures are not strictly followed. Surgical sponges are often large enough to cause significant issues if retained, including infection, pain, and the need for additional surgical procedures to remove them.

Retained foreign bodies can arise from several factors, such as inadequate surgical protocols, i.e. surgical teams may not adhere to established protocols for counting and verifying all items used during a procedure, and sponges or surgical instruments might not be accurately tallied before the patient is closed up, which can result in an object being left inside the body. Ineffective communication amongst surgical team members can lead to misunderstandings or lack of clarity regarding the instruments or materials used, which can lead to items being inadvertently overlooked.

Distraction or fatigue can also contribute to foreign bodies being retained after surgery. For example, surgeons and operating room staff working under high stress or experiencing fatigue may inadvertently make errors, such as forgetting to account for all items or failing to perform thorough checks, which increases the risk of leaving a foreign body inside the patient. New or less experienced staff may not fully adhere to safety protocols, and insufficient training or supervision can result in oversights in the counting and management of surgical tools or materials, leading to potential retention of foreign objects.

The symptoms of a retained foreign body can vary widely depending on the object’s location and nature. Common signs include persistent pain and discomfort at or near the surgical site, swelling, redness, and inflammation. Patients might also experience abnormal discharge, fever, or systemic symptoms such as unexplained fatigue or general malaise. In some cases, there may be visible signs of infection, such as increased warmth, tenderness, or a foul odour. Depending on the object’s location, patients might face difficulties in movement or function, gastrointestinal issues like nausea or vomiting, and even unexplained weight loss.

Imaging studies, such as X-rays or CT scans, can sometimes reveal the presence of a retained foreign body, especially if symptoms are not immediately apparent. If you experience any of these symptoms after a surgical procedure, it is crucial to seek medical attention promptly to address the issue and mitigate potential complications.

A retained foreign body poses several significant risks that can impact a patient’s health and wellbeing. One of the most serious concerns is the development of infections, which can range from localised abscesses to severe systemic infections like sepsis.

The object can also cause internal damage to organs, tissues, or blood vessels, potentially leading to further complications and requiring additional surgeries. In cases where the foreign body causes obstruction in the gastrointestinal or urinary tract, short or long term internal damage can lead to symptoms such as nausea, vomiting, and difficulty with bowel movements or urination. The psychological impact of a retained foreign body can also be significant, leading to anxiety, depression, PTSD, and a loss of trust in medical care.

If medical professionals or the hospital deny responsibility for a retained foreign body, it’s essential to have a skilled medical negligence solicitor to advocate on your behalf. We will gather and analyse evidence, including medical records and expert testimonies, to build a compelling case that proves negligence and the direct link to the harm you’ve suffered.

We will handle negotiations with the opposing party and, if necessary, take the case to court to ensure that your claim is thoroughly examined and justly resolved. Persistent denial from the healthcare provider does not preclude you from seeking compensation; instead, it emphasises the need for rigorous legal representation to challenge and address their denial effectively.

The claim should be initially brought about within three years of the date of the incident, or three years from the date on which you first discovered the issue.

The length of the claims process can vary greatly, from a few months to longer periods if the case goes to court, depending on the complexity and the cooperation of the involved parties.

While many claims are settled out of court through negotiation or mediation, some may require a formal court hearing if a fair settlement cannot be achieved. We are able to operate on a no win, no fee basis, meaning you won’t incur legal fees unless you win your case, which means you are able to pursue legal action without the added stress of financial worries on top of the suffering you have already endured.