NYC Medical Malpractice: When Surgical Errors Leave Objects behind

Foreign objects left inside a patient’s body during surgery is an egregious form of medical malpractice. These types of incidents can lead to serious complications, including infections, chronic pain, and additional surgeries. In New York, these cases often result in major legal actions due to the life-altering impact on the patient's health and quality of life.

Causes of Foreign Objects Left in Body After Surgery

In the experience of top medical malpractice lawyers in New York City, common causes of surgical negligence resulting in foreign objects left in the body include:

Surgical Team Errors

• Miscounts of Surgical Instruments and Sponges: Errors often occur when the surgical team fails to accurately count the number of instruments and sponges before and after the procedure. This miscount can lead to items being left inside the patient.
• Failure to Adhere to Surgical Protocols: Deviations from established protocols and checklists, such as the "surgical time-out," which is designed to verify the correct patient, procedure, and site, can result in objects being retained.
• Lapses in Communication: Poor communication among the surgical team members can lead to misunderstandings and errors, such as assuming that all instruments have been accounted for when they have not.

Complex Surgeries

• Long and Complicated Procedures: Extended duration and complexity of surgeries increase the likelihood of mistakes, including leaving surgical tools or materials inside the patient, especially when the surgical team has less experience.

Inadequate Training

• Insufficient Training and Experience: Surgical staff who lack proper training or experience are more prone to making errors, including failing to follow protocols for tracking surgical instruments.

Fatigue and Time Pressure

• Extreme Fatigue: Surgeons and surgical teams working long hours without adequate rest are more likely to make mistakes due to decreased concentration and alertness.
• Time Constraints: High-pressure situations, where surgeries need to be completed quickly, can lead to hurried procedures and overlooked steps, such as counting instruments.

Emergency Situations

• Urgency and Chaos: In emergency surgeries, the urgency to save a patient’s life can create a chaotic environment where standard procedures, like instrument counting, may be neglected or improperly conducted.

Consequences of Foreign Objects Left in Body After Surgery

Infections

• Severe Infections: Retained surgical objects can become breeding grounds for bacteria, leading to serious infections that require additional medical treatment and extended recovery periods.

Chronic Pain

• Ongoing Pain and Discomfort: The presence of a foreign object can cause persistent pain, impacting the patient’s daily activities and quality of life.

Additional Surgeries

• Corrective Surgeries: Removing the foreign object often necessitates additional surgical procedures, which come with their own risks and potential complications.

Long-term Health Issues

• Organ Damage and Functional Impairments: Depending on the object's type and location, it can cause lasting damage to organs or impair bodily functions, leading to long-term health issues.

Emotional and Psychological Impact

• Significant Distress: The trauma of having a foreign object left inside the body can result in anxiety, depression, and other psychological issues, affecting the patient’s overall well-being.

Symptoms of Foreign Objects Left in the Body After Surgery

Pain and Discomfort

• Persistent pain at the surgical site is a common symptom. This pain can be sharp, aching, or throbbing and may not respond to usual pain medications.

Swelling and Inflammation

• The affected area may become swollen, red, and tender to the touch. This is often a sign of the body’s inflammatory response to a foreign object.

Infection

• Symptoms of infection, such as fever, chills, and drainage or pus from the surgical site, can occur. The area around the surgical site may also become warm and red.

Unusual Sensations

• Patients may experience strange sensations like itching, tingling, or numbness at or near the surgical site. These sensations can indicate the presence of a foreign object irritating the surrounding tissues.

Digestive Issues

• In cases where the foreign object is in the abdominal cavity, symptoms may include nausea, vomiting, abdominal pain, bloating, and changes in bowel movements.

Respiratory Problems

• If a foreign object is left near or in the thoracic cavity, patients may experience difficulty breathing, coughing, or chest pain.

Fatigue and General Malaise

• Ongoing infection or the body’s response to a foreign object can lead to overall feelings of fatigue, weakness, and malaise.

Unexplained Weight Loss

• Chronic infection or inflammation due to a retained foreign object can cause unexplained weight loss and loss of appetite.

Visible or Palpable Mass

• In some cases, the foreign object may create a visible or palpable lump or mass under the skin near the surgical site.

Delayed Healing

• A surgical site that fails to heal properly or takes significantly longer to heal may indicate the presence of a retained object.

Surgical Negligence in New York: Documented Cases of Foreign Objects Left in the Body

Case of a Surgical Sponge

Year: 2013
Location: New York City, NY
Details: In 2013, a patient named Jane Doe underwent an abdominal surgery at a prominent New York City hospital. Post-surgery, she experienced severe pain and recurring infections. Despite multiple visits to the hospital, her condition worsened. A CT scan eventually revealed a surgical sponge left inside her abdomen, leading to multiple follow-up surgeries to remove the sponge and treat the complications. Jane filed a malpractice lawsuit against the hospital and the surgical team, resulting in a significant settlement to cover her medical expenses, pain, and suffering.

Retained Surgical Instrument

Year: 2017
Location: Buffalo, NY
Details: In Buffalo, a patient named John Smith underwent a complex spinal surgery. After the procedure, he suffered from persistent pain and complications, which were initially attributed to the complexity of the surgery. However, an MRI revealed that a surgical instrument had been left inside his body. The discovery led to another surgery to remove the instrument. John subsequently filed a malpractice lawsuit, and the case was settled out of court, with the hospital agreeing to a substantial compensation package.

Gauze Left Post-Surgery

Year: 2015
Location: Albany, NY
Details: Mary Johnson had a routine appendectomy at a hospital in Albany. Post-surgery, she developed an abscess and severe infection. An investigation revealed that gauze had been left inside her body. This oversight necessitated emergency surgery to remove the gauze and treat the infection. Mary pursued legal action against the hospital, resulting in a malpractice settlement that compensated her for medical expenses, pain and suffering, and lost wages.

Retained Needle Fragment

Year: 2019
Location: Rochester, NY
Details: During a surgical procedure in Rochester, a needle fragment was inadvertently left inside the body of a patient named Laura Davis. She experienced chronic pain and mobility issues, leading to numerous doctor visits and diagnostic tests. An x-ray eventually identified the needle fragment, and surgery was required to remove it. Laura filed a malpractice lawsuit against the surgical team and the hospital, leading to a settlement that covered her medical costs and compensated her for her pain and suffering.

Case Involving Multiple Objects

Year: 2016
Location: Syracuse, NY
Details: In a particularly egregious case, a patient named Robert Brown had multiple surgical sponges left inside his abdomen during a surgery in Syracuse. Over the following months, Robert endured severe pain and multiple infections, which required several corrective surgeries. The hospital's failure to adhere to standard surgical protocols led to a major malpractice lawsuit. Robert received a substantial settlement that accounted for his medical expenses, prolonged suffering, and the impact on his quality of life.

Surgical Clamp Left Inside Patient

Year: 2018
Location: Manhattan, NY
Details: During a complex cardiovascular surgery at a Manhattan hospital, a surgical clamp was left inside a patient named Henry Thompson. Post-surgery, Henry experienced severe chest pain and difficulty breathing. A series of diagnostic tests revealed the presence of the clamp, necessitating another invasive surgery to remove it. The hospital faced a malpractice lawsuit, and Henry was awarded a significant settlement for his pain, medical expenses, and the impact on his quality of life.

Retained Surgical Sponges

Year: 2014
Location: Long Island, NY
Details: A patient named Sarah Parker underwent an emergency C-section at a Long Island hospital. Following the procedure, she suffered from persistent abdominal pain and recurrent infections. An investigation and subsequent surgery revealed multiple surgical sponges left inside her body. The negligence led to a malpractice lawsuit, which concluded with a substantial settlement to cover her ongoing medical treatment and compensate for her pain and suffering.

Foreign Object in the Abdominal Cavity

Year: 2020
Location: Brooklyn, NY
Details: In Brooklyn, a patient named Michael Lee had abdominal surgery to remove his appendix. After the surgery, he experienced significant discomfort and digestive issues. An imaging scan revealed a foreign object, later identified as a piece of surgical equipment, in his abdominal cavity. The object was surgically removed, and Michael filed a lawsuit against the hospital and surgical team, resulting in a considerable settlement for the medical malpractice.

Surgical Instrument Left in Leg

Year: 2017
Location: Queens, NY
Details: During an orthopedic surgery in Queens, a patient named Alice Gomez had a surgical instrument left inside her leg. She reported persistent pain and swelling post-surgery. An x-ray confirmed the presence of the instrument, which required additional surgery for removal. Alice's lawsuit against the hospital highlighted the severe oversight, and she received a settlement that compensated her for medical costs, lost wages, and pain and suffering.

Retained Towel Post-Surgery

Year: 2015
Location: Staten Island, NY
Details: A patient named David Martin underwent a major abdominal surgery at a Staten Island hospital. Post-operation, he experienced severe abdominal pain and infections. A CT scan revealed a surgical towel left inside his body. The subsequent removal surgery and complications led David to file a malpractice lawsuit against the hospital. The case concluded with a substantial settlement to cover his extensive medical expenses and the emotional distress caused by the incident.

Choose Our New York City Medical Malpractice Lawyers to Maximize Your Compensation

Specialization in Medical Malpractice

Medical malpractice is a complicated and highly specialized area of law, demanding specific expertise and experience. At Rosenberg, Minc, Falkoff & Wolff, LLP (RMFW Law), we focus exclusively on this practice area, equipping our attorneys with the deep knowledge and specialized skills necessary to navigate the complexities of medical malpractice cases. Our firm's specialization ensures a nuanced understanding of medical procedures, standards of care, and the healthcare system, allowing us to thoroughly examine every aspect of your case and build the strongest possible arguments.

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• $15 Million Settlement for Birth Injury: RMFW Law secured a $15 million settlement for a child who suffered severe brain damage due to medical negligence during delivery. This compensation ensures lifelong care and support for the child and family.
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When you choose RMFW Law, you are partnering with a firm that has a proven track record of securing multi-million dollar verdicts and settlements for our clients. With over $1 billion recovered in medical and surgical negligence cases, our expertise and dedication to maximizing client compensation are recognized by insurance companies. We take pride in our long-standing legacy of excellence, having been founded in 1922. Our seasoned New York City surgical and medical malpractice lawyers bring decades of specialized experience, ensuring that every case is thoroughly prepared and aggressively negotiated or litigated.

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RMFW Law has been championing victims' rights for over a century. Our firm was founded in 1922, and since then, we have built a legacy of unwavering commitment to achieving the best possible outcomes for our clients. This long-standing legacy, combined with a relentless pursuit of justice, makes us the premier choice for those seeking substantial compensation for their injuries.

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Our comprehensive legal strategy involves thorough investigation, expert consultations, and relentless advocacy. We leave no stone unturned in our pursuit of justice for our clients. From the initial consultation to the final verdict or settlement, we stand by our clients every step of the way, providing the support and expertise needed to navigate the complex legal landscape of medical malpractice.

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