Retained Objects from Surgery

Foreign objects left in the body after a procedure are often referred to as "retained surgical bodies." It is important to remember that although the legal term is "retained," we are really talking about "forgotten" or inexcusably "abandoned" foreign objects. In fact, Medicare considers this form of malpractice a "never event," meaning there is no way it should ever occur if a medical staff operates properly.

Foreign objects left in the body can lead to life-threatening infections, bowel perforations, organ damage, severe pain, other injuries, and death. Even in the best case, the patient is subjected to the physical and emotional tolls of further operations, the risks of anesthesia errors, hospitalization, unsightly scars, and medical expenses.

These cases require a thorough understanding of operating room procedures and the various roles of the surgeons and surgical nurses. Richmond medical malpractice attorney Josh Silverman has successfully handled many cases involving retained surgical bodies. Examples include sponges forgotten during gallbladder removal surgery, a hysterectomy, and c-sections.

Thanks to his many years of representing medical malpractice victims, Josh Silverman knows what sort of safety protocols should have been followed to avoid your surgical error.

There should always be a count prior to surgery of all sponges, needles, and other surgical instruments that will be placed inside the patient’s body. The initial count serves as a baseline for subsequent counts. The scrub and/or circulating nurse should audibly count each item before the procedure, 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 intraoperative x-ray can be taken to locate the unaccounted foreign bodies left inside the patient.

• American College of Surgeons: Statement on the Prevention of Retained Foreign Bodies After Surgery
  The American College of Surgeons provides guidelines to prevent retained foreign bodies after surgical procedures.
• Objects Retained During Surgery: Human Diligence Meets Systems Solutions
  Retained surgical objects are almost always preventable. This article explores the scope of the problem and solutions to prevent this very serious form of medical malpractice.
• Prevention of Retained Foreign Bodies
  This article published by The American College of Surgeons addresses the incidence of foreign bodies retained after a surgical procedure, as well as the steps surgeons and nurses should take to prevent these injuries. The article suggests that most major hospitals have at least one patient who is injured every year because of a retained foreign body.
• The Retained Surgical Sponge
  This article discusses the frequency of retained foreign objects as well as the mortality rates.