Nightmare scenario
Surgery is often seen as a definitive solution to medical issues and saves lives daily. But what happens when the procedure itself becomes a source of new complications? Imagine undergoing surgery, trusting medical professionals to perform a delicate procedure, only to discover later a foreign object was left inside you. This horrifying scenario, a retained surgical object (RSO), is more common than you might think.
Retained surgical objects refer to items unintentionally left inside a patient’s body after a surgical procedure. These objects can range from sponges and towels to surgical instruments. A study by Johns Hopkins University found that a foreign object is left inside a patient approximately 39 times each week. That means RSOs happen over 2,000 times a year. So, if you find surgical items left inside, what can you do?
The dangers
While this occurrence is still relatively rare, it can have severe consequences for patients, leading to infections, pain, and even death. In Pennsylvania, like in many other jurisdictions, the legal implications surrounding retained surgical objects are complex and can have significant repercussions for patients and healthcare providers.
The failure to remove all surgical items from a patient’s body can result from various factors, including human error, communication breakdowns among surgical staff, and inadequate counting procedures. Despite surgical practices and technological advances, retained surgical objects still occur, highlighting systemic issues within healthcare settings.
How do objects get left behind?
Doctors and nurses use dozens or even hundreds of sponges, clamps, tubes, wires, and other objects during surgery. Every hospital and surgical center has rules for counting and tracking these items. Before surgery, every sponge, clamp, and other supplies are counted and then counted again after the surgery to make sure that all of them have been removed.
Sometimes, that count is wrong. It’s possible that some clamps or wires might not have been on the list initially. The surgery may be due to an emergency, or an interruption can also cause people to lose track of the count. Sponges and gauzes are usually very small and become soaked with blood, blending into the surrounding tissue.
The legal landscape in Pennsylvania for retained objects
Healthcare providers must provide a certain standard of care to their patients. When a retained surgical object case arises, it often leads to legal disputes around medical malpractice. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, harming the patient. In the context of retained surgical objects, the central question often becomes whether the healthcare provider negligently left the object inside the patient.
Proving medical malpractice in retained surgical object cases can be challenging. Plaintiffs must demonstrate that the healthcare provider breached their duty of care by failing to adhere to established surgical protocols. This may involve presenting evidence of inadequate counting procedures, lack of communication among surgical staff, or failure to use surgical tools equipped with tracking mechanisms designed to prevent objects from being left behind.
Here’s what you need to understand:
- Standard of care: Medical professionals are held to a specific standard of care. This means they must provide treatment that meets their profession’s accepted practices and skills in similar situations. In surgery, this includes meticulous instrument and sponge counts before, during, and after the procedure.
- Negligence: To win a medical malpractice case involving an RSO, you must prove negligence. This means demonstrating that the healthcare provider deviated from the standard of care and that this deviation caused your injury. For example, failing to perform proper instrument counts or ignoring X-ray evidence of a foreign object would be considered negligence.
- Damages: If successful, a lawsuit can recover compensation for various damages, including: Medical expenses related to the RSO and its removal, lost wages due to missed work, and pain and suffering caused by physical and emotional trauma.
Building a case
Medical malpractice cases are complex. Here are some steps to consider if you believe an RSO has occurred:
- Seek medical attention: If you suspect a foreign object is lodged within you, prioritize your health. Visit a doctor immediately for an examination and discuss your concerns about the possibility of a retained surgical object.
- Gather evidence: Maintain detailed records of your surgery, post-surgical symptoms, doctor visits, and imaging results suggesting a foreign object.
- Consult an attorney: An experienced medical malpractice lawyer can analyze your case, assess the strength of your claim, and guide you through the legal process.
Fixing the problem
Like many other states, Pennsylvania has implemented measures to prevent retained surgical objects. These may include standardized counting procedures, surgical tools with radiofrequency identification (RFID) tags, and improved communication protocols among surgical staff. However, despite these efforts, retained surgical objects continue to pose risks to patients and legal challenges for healthcare providers.
Don’t get left behind either
Retained surgical objects represent a serious patient safety issue with significant legal implications in Pennsylvania. Patients who experience harm due to a retained object may pursue medical malpractice or battery claims against the responsible healthcare providers. Proving negligence in such cases requires a thorough examination of the surgical procedures involved, often with the assistance of expert testimony. So, if you find surgical items left inside, what can you do? Seek medical help and contact a personal injury lawyer, Amil Minora, to assist you in navigating this horrendous breach of trust.