A “never event” in medicine is an event that should not happen. It is generally considered a serious, preventable medical error that, in an ideal world, should not occur. One example of a “never event” is when a surgeon and the surgical team leave a sponge or medical device in a patient. Sponges are the most common foreign object left in patients but guide wires, devices, pieces of devices and even surgical instruments have been left in patients. Read on to learn which surgeries carry the highest risk, the symptoms a patient can experience if a sponge or other object is left and your legal rights if this should happen to you or someone you love.
What types of surgeries are high-risk for a retained object error?
Certain types of surgeries have a higher risk. For example, experts estimate a foreign object is left inside a patient in 1 out of every 5,000 surgeries. However, in intrabdominal surgeries the risk is estimated to be closer to 1 in 1,000 surgeries. Gastrointestinal, thoracic, vascular and multi-cavity surgeries carry the highest risk.
Emergency surgeries have an increased risk for a retained object versus a planned surgery. Similarly, if your surgeon is confronted with an unplanned change in the procedure performed, then the likelihood of a retained object increases. For example, a surgeon may find an unexpected tumor or nerve entrapment or there may be excessive bleeding that requires immediate intervention. In short, an unexpected event during the surgery adds additional risk that the surgical team could make a mistake and leave an object in the patient. Finally, patients with a higher body mass index have a higher risk of being the victim of this type of mistake.
How can surgeons leave an item in a patient during surgery?
The surgical team is supposed to count the number of sponges and the surgical instruments prior to surgery. While the surgery is ongoing, the count is maintained and, before closing the incision, the surgical team should count those items again. If there is a change in personnel during the surgery, the count should be performed again. Generally, these counts are performed by two members of the surgical team. Unfortunately, sometimes the counts are either not done or someone miscounts. Some, but certainly not all, hospitals use radio-opaque sponges that show up easily on x-ray and the surgical team will use a portable x-ray machine to verify the manual count before concluding the surgery. More recently, technology has advanced for sponges with embedded chips that communicate with a receiver, but these are expensive and not widely used.
What happens if a sponge or other item is left during surgery?
A retained object following surgery can be a very dangerous situation that can lead to death. Common problems include pain and infection, as well as fistulas, organ damage, adhesions and chronic pain syndromes. For nearly all retained objects, a second surgery to remove the item is necessary.
What legal rights do I have if a surgeon left an item during surgery?
A retained object after surgery is usually medical negligence. Some hospitals will try to settle the case with you by offering to remove the item for free. Do not be tempted by such an offer. Depending upon the facts of your case, you could be entitled to much more for pain and suffering, lost wages, future care, etc. We recommend you hire an experienced medical malpractice lawyer. John Day is board certified in Medical Malpractice and has twice been named the Medical Malpractice Lawyer of the Year for Nashville. To get started, give us a call. We only get paid if we recover money for you.
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