When a surgical instrument is accidentally left in your body after surgery, it can result in serious complications. The level of harm depends on the type of tool, the location where it was left, and how long it remained in your body. If this negligence caused you injury, you may have a medical malpractice claim against your surgeon and the surgical team involved.
How Do Surgical Instruments Get Left Behind?
A retained surgical item typically results from poor communication among the surgical team. At the end of any procedure, all instruments must be accounted for, cleaned, and stored—or disposed of if single-use. When staff are rushing, especially if the surgical team is behind schedule, they may miss one of the instruments.
The hospital or surgical facility should have strict protocols for instrument counts. If those procedures weren’t followed, it may be a clear sign of surgical negligence.
Imaging Errors Can Worsen the Situation
Post-surgical X-rays and CT scans are commonly used to monitor recovery. If a surgical tool appears on this imaging and your doctor fails to notice it, that oversight may also constitute negligence. Similarly, if you report pain or unusual symptoms and your physician fails to order imaging that could reveal the cause, that failure can support a malpractice case.
Proving Harm From a Retained Surgical Instrument
To pursue a claim, it’s not enough to show that a surgical tool was left inside you—you must prove it caused you harm. Often, this harm includes:
- The need for additional surgery to remove the tool
- Internal damage caused by the instrument
- Increased risk of infection
- Long-term medical complications and follow-up care
In some cases, the object may have migrated within your body, making removal more difficult and increasing the risk of further damage.
What if Only a Piece of the Tool Was Left Inside?
In some cases, a piece of a surgical instrument—rather than the entire tool—breaks off and remains inside the body. This still represents potential surgical negligence. Your attorney may investigate questions such as:
- Should the doctor have noticed the tool was damaged during surgery?
- Why didn’t any team member detect the missing piece?
- Was the broken tool discarded without accounting for all parts?
The medical and legal consequences are similar to a full retained instrument: further surgery, potential damage, and ongoing medical costs.
How a Lawyer Can Help With Surgical Negligence Cases
Your medical malpractice attorney will review your records and consult with experts to evaluate whether your doctor and surgical team deviated from the accepted standard of care. These professionals can determine whether your injuries resulted directly from a retained instrument and whether those injuries were preventable.
If you’ve suffered due to a surgical error, the Philadelphia personal injury lawyers at Thistle Law Firm are ready to help.
Contact an Experienced Surgical Malpractice Attorney Today
The Thistle Law Firm has extensive experience handling surgical malpractice cases, including those involving retained surgical instruments. If you or a loved one was harmed by a surgical error, we’re here to answer your questions and help you understand your legal options. Call us today at 215-568-6800 for a free consultation.