Retained Surgical Instrument Lawyer in Massachusetts

Retained Surgical Instruments as a Medical Never-Event

A retained surgical instrument, a sponge, towel, suture needle, retractor blade, or other item left inside a patient’s body at the conclusion of surgery, is classified as a never-event: a preventable error that should not occur when proper intraoperative counting protocols are followed. Retained foreign bodies cause serious complications including pain, internal organ damage, infection, abscess formation, and in severe cases, bowel obstruction and perforation. Attorney Jeffrey C. Lavey represents patients harmed by retained surgical instruments throughout Massachusetts.

Counting Protocols and Their Required Implementation

The operating room team is required to count all surgical items, sponges, needles, instruments, before the procedure begins, after any significant phase of the surgery, and before wound closure. If the count does not reconcile, the protocol requires that the wound be inspected and additional measures taken to locate the missing item, including intraoperative imaging, before closure proceeds. A retained instrument that is discovered after the fact is strong evidence that the counting protocol was not properly followed or that a discrepancy was not properly resolved.

Harm Caused by Retained Instruments

The harm from a retained surgical instrument can range from chronic unexplained pain that persists for years before the object is identified to acute abscess, perforation, and life-threatening infection. A retained sponge may cause a slowly developing granuloma. A retained needle can migrate through tissue and cause injury in a remote location. The period between the surgery and the discovery of the retained instrument is itself a period of preventable harm during which the patient suffered effects attributable to the foreign body. All of this harm is compensable.

Who Is Liable for a Retained Surgical Instrument

The surgeon bears ultimate responsibility for ensuring that the operative field is clear before closure. The operating room nurse who conducted the count bears responsibility for count accuracy. The surgical technician who assists with counts shares responsibility. The hospital bears institutional liability for the counting protocol failures. Attorney Lavey pursues all responsible parties, surgeon, nursing staff, and hospital, in every retained instrument malpractice case.

Discovering a Retained Instrument After Surgery

Retained instruments are sometimes discovered on imaging studies performed for other reasons, or when a patient presents with symptoms, persistent pain, fever, bowel obstruction, that prompt evaluation. When a retained instrument is identified, it typically requires additional surgery for removal, with all the associated risks and recovery. Attorney Lavey advises patients who have discovered retained surgical instruments about their legal rights and manages the malpractice claim process from the initial evaluation through resolution.

Frequently Asked Questions