Foreign Object Left in Body After Surgery Lawsuit

Aug 23, 2024 | By Dempsey Kingsland Osteen | Read Time: 4 minutes | Medical Malpractice

As unlikely as it sounds, surgeons sometimes accidentally leave foreign objects inside patients after surgery. Although it’s rare, it does happen.

In such cases, patients may need to consider a foreign object left in body after surgery lawsuit. One missed object could result in years of complications and additional expenses.

If your surgeon left a sponge or other surgical tool inside your body after surgery, you may be entitled to compensation by filing a lawsuit for a foreign object left in the body.

Foreign Object Left in Body After Surgery Symptoms

Any surgical object is at risk of going missing during surgery. As you would expect, doctors usually discover and remove most foreign objects quickly.

But sometimes, months and even years can pass before the patient or a medical professional finds the object inside the patient’s body. The most common items left inside a patient after surgery include the following:

Surgical sponges,
Scalpels,
Scissors,
Needles,
Clamps,
Drill bit fragments, and
Towels.

A foreign object left in the body can cause serious complications. After surgery, patients are more vulnerable to infections, adhesions, fistulas, and other complications. Moreover, sharp objects could lacerate vital organs.

Healthcare professionals should pay close attention to post-operative complaints. Foreign object left in body after surgery symptoms include nausea, lethargy, dizziness, or fever.

Medical personnel should take note of these symptoms and screen the patient for possible causes, including a foreign object left in the body after surgery. If they fail to do so, the healthcare professional could be liable for malpractice.

Can You Sue for Foreign Object Left in Body After Surgery?

Operating rooms are bustling environments where medical professionals work under pressure to perform complex procedures efficiently. The scene can be chaotic, especially in emergency surgeries or when unexpected complications arise.

Surgical teams typically count tools before, during, and after surgery to prevent errors. They have systems in place to keep track of tools to ensure that they don’t leave anything behind.

So, Is it Possible to Sue for Foreign Objects Left Behind During Surgery? Absolutely. If a medical practitioner inadvertently leaves a foreign object inside your body post-surgery or any medical procedure, you have grounds for a medical malpractice lawsuit.

Even under the most stressful circumstances, a physician and their surgical team must exercise reasonable care as they perform their duties. A surgeon unintentionally leaving an object in a patient’s body after surgery can constitute medical malpractice.

Not all medical errors are medical malpractice. For example, suppose a surgical nurse notices that the surgeon accidentally left a surgical sponge in your abdomen after the operation, but the surgeon immediately reopened the sutures and removed the sponge. In that case, there is likely no quantifiable harm caused by the error. Without measurable harm, you cannot receive compensation for medical malpractice.

What to Do If You Suspect a Foreign Object Surgical Error?

If you or a loved one have had surgery and are experiencing post-surgical complications, have been diagnosed with an infection, or feel that something isn’t right following surgery, a foreign object left in the body is possible.

If you have concerns following your surgery, you should take the following steps:

Get checked by a doctor who can request diagnostic procedures to identify whether the surgical team left a foreign object inside your body;
Obtain your medical records from the hospital or medical facility that performed the surgery; and
Consult an attorney who specializes in complex medical malpractice cases.

Working with an experienced medical malpractice attorney is the best way to protect your right to compensation when medical malpractice occurs.

Victims of medical malpractice involving foreign objects left inside their bodies may pursue financial compensation for damages caused. This includes reimbursement for medical expenses, additional surgeries, lost wages, and pain and suffering. Insurance companies often handle claims related to medical negligence.

The surgeons and hospitals will have a team working to defeat your claim. You should have the best legal team on your side as well.

The team at Dempsey Kingsland & Osteen can guide you through the medical malpractice claim process and advocate for your best interests every step of the way.

Statute of Limitations

Missouri’s statute of limitations for medical malpractice cases is two years. That means you must bring a claim within two years of the date the medical malpractice occurred.

Because malpractice injuries are often not discovered immediately, there are some exceptions that can allow you to file your claim after the two-year statute of limitations has expired.

It is always best to contact an experienced medical malpractice attorney who can help you determine when you need to file your claim and if any exceptions apply.

Put Your Trust in Dempsey Kingland & Osteen For Your Surgical Malpractice Case

Founded in 1986, Dempsey Kingsland & Osteen has decades of experience helping patients hold negligent medical providers accountable.

Our firm is widely recognized as the premier medical malpractice law firm in Kansas City, thanks to our track record of success. We have a full-time doctor and nurse on staff who can help our team evaluate your case.

You deserve skilled advocates who can approach your matter compassionately while going toe to toe with the toughest opponents. If you believe you have a foreign object left in body after surgery lawsuit give us a call today.

Contact our Kansas City medical malpractice lawyers today to learn how we can put our experience, resources, and skills to work for you. We charge no fees unless we recover compensation for you.