Queens Medical Malpractice: Foreign Objects Retained in Surgery

Foreign object retention (FOR) related surgical malpractice is a severe medical error that can lead to devastating consequences for patients. In Queens, hospitals such as Elmhurst Hospital Center, Queens Hospital Center, and others have faced scrutiny for instances of surgical complications arising from foreign objects left in patients post-surgery.

These incidents not only jeopardize patient health but also represent a serious breach of the standard of care expected from healthcare providers. You should speak to a top-rated Queens medical malpractice attorney to discuss your legal options and pursue maximum compensation for your injuries and losses.

What Are Foreign Object Retention Surgical Errors in Queens Hospitals?

Foreign object retention surgical errors occur when a member of the surgical team inadvertently leaves a medical instrument or material inside a patient's body during a procedure. This serious medical mistake is categorized as a "never event," which means it is entirely preventable and should never happen in a properly conducted surgery. Despite this, such errors continue to occur in hospitals and medical centers in Queens, New York, often leading to severe physical, emotional, and financial repercussions for the affected patients.

Common Foreign Objects Left Behind Post-Surgery in Queens Hospitals

Here are some of the most commonly reported foreign objects left behind post-surgery in Queens, NY hospitals and the circumstances that increase their risk of being left behind.

Surgical Sponges

Surgical sponges are the most frequently retained objects in surgical errors. Their small size, soft texture, and ability to absorb blood and bodily fluids make them blend seamlessly with the surgical site, especially during procedures with heavy bleeding. Sponges are used extensively to soak up fluids, maintain a clear surgical field, and control bleeding, but this frequent handling increases the likelihood of being overlooked during surgical counts. Advanced solutions like radiofrequency-tagged sponges exist, but not all facilities utilize this technology.

Clamps or Forceps

Clamps and forceps, which are metallic instruments used to hold tissue or control bleeding, are often involved in foreign object retention. Their presence in surgeries requiring multiple tools and their necessity in controlling delicate tissues can make them susceptible to being forgotten. This is especially true in surgeries involving multiple surgical teams or a hurried environment, where proper counts and checks might be overlooked.

Scalpels, Needles, and Blade Fragments

Sharp objects like scalpels and needles are another significant category of retained foreign objects. During suturing or wound closure, small needles or fragments of blades can break off without the surgical team noticing. Retained sharp objects pose an additional risk of punctures, cuts, or internal damage, potentially requiring emergency follow-up procedures.

Surgical Towels and Gauze

Surgical towels and gauze are used to soak up fluids and maintain a sterile field. Their absorbent nature and frequent use during surgery make them a common cause of retention errors. Tissues and organs can easily obscure towels and gauze, and in some cases, the surgical team may mistakenly believe all materials have been accounted for without performing imaging to verify.

Catheters, Wires, and Tubes

Catheters, guidewires, and drainage tubes are often left behind in emergency or prolonged surgeries. For example, guidewires used in cardiac catheterization or drainage tubes placed to remove fluids can break or detach, leaving fragments inside the body. When surgical teams fail to conduct a thorough inspection or rely on manual counts without imaging, these items can be missed.

Surgical Clips or Staples

Surgical clips and staples are used to close incisions or secure tissues during surgery. While they are typically designed to remain in the body temporarily, improper placement or failure to remove them when necessary can lead to complications such as inflammation, infection, or tissue damage.

Retractors or Speculum Tips

Retractors are metallic tools used to hold open a surgical site for better access and visibility. Smaller or detachable tips on these tools may dislodge and go unnoticed, especially in intricate surgeries.

Suction Tubes or Tips

Suction devices are used to remove blood and fluids from the surgical field. If the tip of a suction tube breaks off or detaches, it can remain within the surgical site and cause complications, particularly if the surgery involves deep cavities.

Electrodes or Cauterization Tips

Electrodes and cauterization tools are employed to stop bleeding or seal tissues during surgery. If their components break or detach, they can become foreign objects, potentially causing burns, scarring, or irritation in surrounding tissues.

Marking Devices

Instruments like marking wires or clips used for identifying specific areas in surgeries, such as breast biopsies, can accidentally remain in the body if not accounted for. These objects may shift from their intended position and cause pain or interfere with normal bodily functions.

List of Major Hospitals and Medical Centers in Queens, NY

Elmhurst Hospital Center
79-01 Broadway, Elmhurst, NY 11373
Phone: (718) 334-4000

Queens Hospital Center
82-68 164th Street, Jamaica, NY 11432
Phone: (718) 883-3000

NewYork-Presbyterian Queens
56-45 Main Street, Flushing, NY 11355
Phone: (718) 670-2000

St. John’s Episcopal Hospital
327 Beach 19th Street, Far Rockaway, NY 11691
Phone: (718) 869-7000

Mount Sinai Queens
25-10 30th Avenue, Astoria, NY 11102
Phone: (718) 932-1000

Jamaica Hospital Medical Center
8900 Van Wyck Expressway, Jamaica, NY 11418
Phone: (718) 206-6000

Flushing Hospital Medical Center
4500 Parsons Boulevard, Flushing, NY 11355
Phone: (718) 670-5000

Forest Hills Hospital (Northwell Health)
102-01 66th Road, Forest Hills, NY 11375
Phone: (718) 830-4000

The Zucker Hillside Hospital (Northwell Health)
75-59 263rd Street, Glen Oaks, NY 11004
Phone: (718) 470-8100

Long Island Jewish Forest Hills (Northwell Health)
102-01 66th Road, Forest Hills, NY 11375
Phone: (718) 830-4000

These hospitals represent some of the key healthcare facilities across Queens, providing a range of medical services to residents in the area.

Causes of Foreign Object Retention in Surgery in Queens Hospitals

While entirely preventable, foreign object retention incidents still happen in hospitals in Queens, NY due to a combination of human error, systemic failures, and procedural lapses. Here are the primary causes of foreign object retention in hospitals, including facilities in Queens like Elmhurst Hospital Center and Queens Hospital Center.

Failure to Follow Surgical Counts

One of the most critical safeguards against foreign object retention is the surgical count process, where all instruments and materials are accounted for before, during, and after the procedure. However, errors in this process often occur due to:

• Miscommunication: Surgical teams may misunderstand or fail to clearly document counts, especially in high-pressure situations.
• Rushed Procedures: During fast-paced surgeries, especially emergencies, staff may bypass or perform incomplete item counts.
• Unstandardized Practices: Variations in counting methods across departments or shifts can lead to inconsistencies and errors.

Complex or Emergency Surgeries

Certain surgeries carry a higher risk of foreign object retention due to their nature:

• Lengthy Procedures: Long surgeries involve frequent tool usage and material exchanges, increasing the likelihood of overlooking an item.
• Chaotic Environments: In emergency surgeries where saving the patient’s life takes precedence, standard protocols may be skipped or hastily executed.
• Multiple Teams Involved: Complex surgeries often involve numerous specialists and nurses, which can lead to lapses in coordination and communication.

Fatigue and Understaffing

Healthcare facilities that are overburdened or understaffed, including some busy hospitals in Queens, may inadvertently compromise patient safety:

• Overworked Medical Staff: Surgeons and nurses working long shifts or handling heavy caseloads are more prone to mistakes due to mental and physical exhaustion.
• Inadequate Team Coverage: A lack of sufficient personnel to double-check surgical procedures can result in critical oversights.

Poor Adherence to Protocols

Deviations from established safety protocols significantly increase the risk of foreign object retention:

• Failure to Use Imaging Tools: X-rays or other imaging technologies can help verify that no foreign objects remain in the patient, but these tools are sometimes underutilized due to time constraints or cost concerns.
• Skipping Final Checks: In some cases, surgical teams may rush to close an incision without performing a final inspection for remaining tools or materials.

Lack of Training and Awareness

The experience and knowledge level of the surgical team also play a significant role in preventing foreign object retention:

• Inadequate Training: Surgical team members who are not thoroughly trained in tracking tools and materials may fail to recognize the importance of these tasks.
• Lack of Awareness: New or temporary staff may not be fully informed about the hospital's specific protocols for surgical counts or post-surgical verification processes.

Systemic Issues in Queens Hospitals

Busy hospitals like Elmhurst Hospital Center and Queens Hospital Center often face unique challenges that contribute to the risk of foreign object retention:

• High Patient Volume: The constant flow of patients can place strain on surgical teams, leading to rushed or incomplete procedures.
• Resource Limitations: Limited access to advanced tracking technology, such as RFID-tagged tools, can make it harder to account for all surgical items.
• Communication Barriers: In culturally diverse areas like Queens, language differences or hierarchical communication structures may also contribute to errors.

Example Scenarios of Foreign Object Surgical Malpractice in Queens Hospitals

Foreign object retention surgical malpractice incidents are not just medical errors; they represent a breach of trust and professionalism that can lead to life-threatening consequences for patients. The following real-world scenarios highlight how foreign object retention can occur in hospitals like Elmhurst Hospital Center, Queens Hospital Center, and other medical facilities in Queens.

Surgical Sponge Left After Emergency C-Section

During a chaotic emergency C-section, a surgical sponge used to control bleeding was left inside the patient. The sponge went unnoticed until the patient experienced severe abdominal pain and infection weeks later, requiring additional surgery for removal.

Clamp Left Inside After Appendectomy

After a routine appendectomy, the surgical team failed to account for a clamp used during the procedure. The patient began experiencing sharp abdominal pain and underwent imaging studies, which revealed the metallic clamp lodged near the surgical site.

Gauze Forgotten in a Deep Wound Closure

During the closure of a deep wound in a trauma case, a piece of gauze used to absorb excess fluids was accidentally left inside. The patient developed a serious abscess and had to undergo an additional procedure to drain the infection and remove the gauze.

Needle Tip Breaks Off During Suturing

A needle tip broke off during suturing but went unnoticed because the surgical team skipped the final instrument count. The patient suffered nerve damage in the area, requiring corrective surgery and physical therapy.

Surgical Towel Retained in Cardiothoracic Surgery

After a lengthy cardiothoracic surgery, a large surgical towel was mistakenly left in the patient’s chest cavity. The foreign object caused severe inflammation and respiratory complications, leading to a prolonged recovery period.

Catheter Segment Left in a Patient During Emergency Surgery

In a fast-paced emergency surgery, a catheter segment broke off and remained in the patient’s abdominal cavity. The error was discovered weeks later when the patient reported persistent discomfort and localized swelling.

Forceps Left Inside During Hysterectomy

During a hysterectomy, a pair of forceps was forgotten inside the pelvic cavity. The patient experienced intense pelvic pain and abnormal swelling, leading to an additional surgery to retrieve the instrument.

Guidewire Left in a Vein During Cardiac Procedure

During a cardiac catheterization procedure, the guidewire used to insert a catheter was not fully removed. This oversight caused a vascular injury, leading to complications such as clotting and infection.

Broken Surgical Blade Fragment Left in Spine Surgery

In a spine surgery, the blade of a surgical scalpel broke off and remained lodged near the vertebrae. The patient suffered chronic pain and mobility issues until the fragment was discovered and removed via a secondary operation.

Retained Drainage Tube Fragment After Post-Surgical Care

A drainage tube used during post-operative care broke, leaving a small fragment inside the patient’s abdominal cavity. The fragment caused internal scarring and discomfort, requiring exploratory surgery to locate and remove it.

Contributing Factors to Retention

• Lengthy Surgeries: The longer the procedure, the higher the risk of oversight due to fatigue or the complexity of tools used.
• Emergency Procedures: In high-pressure situations, surgical teams may prioritize stabilizing the patient over meticulous counts and checks.
• Inadequate Protocols: Lack of proper training, miscommunication among staff, and failure to use technologies like radiopaque tagging or post-surgical imaging can all contribute to errors.
• Fatigue and Staffing Shortages: Overworked or understaffed teams are more prone to mistakes, especially in busy hospitals like Elmhurst Hospital Center or Queens Hospital Center.

Consequences of Foreign Object Retention Surgical Errors in Queens Hospitals

The outcomes of these errors can be devastating, with severe physical and emotional implications for the patient. Common consequences include:

• Infections: Foreign objects left inside the body can serve as breeding grounds for bacteria, leading to infections like sepsis or abscesses.
• Internal Injuries: Sharp or metallic objects can damage organs, blood vessels, or tissues, causing pain and life-threatening complications.
• Organ Damage: Depending on where the object is located, it may impair the function of vital organs, such as the heart, lungs, or intestines.
• Chronic Pain and Mobility Issues: Patients may experience persistent pain or reduced mobility due to the presence of foreign materials interfering with normal bodily functions.
• Additional Surgeries: Detecting and removing a foreign object often requires further surgical intervention, which increases the patient’s risk of complications and extends recovery time.
• Death: In severe cases where infections or organ damage go untreated, foreign object surgical errors can result in fatal outcomes.

How to Prevent These Errors

The healthcare providers in Queens, NY should implement safety measures to reduce the occurrence of foreign object surgical errors, including:

• Standardized Protocols: Surgical teams are required to follow strict checklists to account for all instruments and materials before, during, and after surgery.
• Technology-Assisted Tracking: Advanced technologies, such as radiofrequency identification (RFID) tags on surgical sponges and tools, help ensure no items are left behind.
• Surgical Count Systems: Hospitals enforce mandatory counting protocols, often verified by multiple team members, to minimize human error.
• Training and Education: Regular training sessions emphasize the importance of adherence to safety protocols and effective communication within surgical teams.

Legal Responsibility of Queens Hospitals and Surgeons

Hospitals such as Queens Hospital Center and Elmhurst Hospital Center are legally obligated to provide safe and competent medical care. When a foreign object is left inside a patient, it is often considered prima facie evidence of negligence under New York medical malpractice law.

• Res ipsa loquitur: This legal doctrine applies in cases where the retained object is evidence enough to establish negligence. The burden of proof often shifts to the defendant to demonstrate that the surgical error was not due to negligence.
• Hospital liability: Hospitals can be held responsible if the error results from systemic failures, such as inadequate training, understaffing, or poor adherence to safety protocols.
• Surgeon and staff liability: Individual members of the surgical team may also be held accountable if their actions directly contributed to the error.

Legal Remedies for Victims of Surgical Negligence in Queens, NY

Patients who have suffered from foreign object-related surgical negligence have several legal options to pursue compensation for their injuries with help from a dedicated Queens medical malpractice lawyer.

• Filing a medical malpractice lawsuit: Victims can sue the responsible parties for damages, including:
  • Medical expenses: Compensation for corrective surgeries, ongoing medical care, and rehabilitation.
  • Lost wages and earning capacity: Recovery for income lost during recovery and diminished future earning potential.
  • Pain and suffering: Damages for physical pain, emotional distress, and loss of quality of life.
  • Punitive damages: In cases of gross negligence, the court may award additional damages to punish the responsible parties.
• Statute of limitations: In New York, the statute of limitations for medical malpractice claims is typically two and a half years from the date of the malpractice or from the date the foreign object was discovered. However, specific exceptions may apply, and consulting with an experienced malpractice attorney is crucial to preserve your rights.

Why Legal Representation Matters

Foreign object-related surgical malpractice cases are complex, requiring detailed medical and legal analysis to establish negligence and calculate damages. An experienced medical malpractice attorney can build a strong case by:

• Collecting evidence, including surgical records, witness statements, and expert opinions.
• Negotiating with hospitals and insurance companies for a fair settlement.
• Representing the victim in court if a trial becomes necessary.

Why Choose Our Queens, NY Surgical Malpractice Attorneys?

When it comes to holding hospitals and medical professionals accountable for surgical malpractice in Queens, NY, we bring unmatched skill and commitment to justice. With a proven track record of success, our law firm has recovered over $1 billion for injured New Yorkers. Here’s what sets us apart:

Leading Queens, NY Medical Malpractice Lawyers

Our firm has earned recognition as a leader in medical malpractice law. The New York Law Journal and Martindale-Hubbell have awarded us the "Top Personal Injury Lawyer" distinction, reflecting our dedication to excellence and outstanding client results.

We Have the Resources to Take Your Case to Trial

Our team is ready to fight for you in and out of court. We know that achieving justice and compensation often requires going head-to-head with powerful hospitals and insurance companies. Our medical malpractice attorneys in Queens, NY have taken hundreds of injury claims to trial, demonstrating an aggressive and winning approach to litigation.

• Comprehensive Case Preparation: We work with top medical and economic experts to illustrate the full extent of your injuries and how they have impacted your life.
• Favorable Settlements and Verdicts: While our thorough preparation generally leads to the highest possible out-of-court settlements, we will not hesitate to bring your case before a judge and jury if necessary.

Proven Results in Queens and throughout New York

Our team has delivered life-changing results for clients who have suffered from medical and surgical errors. A few notable verdicts and settlements include:

• $15 Million Jury Award Against a Hospital for a Neurosurgical Brain Injury
• $10.5 Million for Malpractice Resulting in Infant Brain Damage
• $9 Million Settlement for a Brain-Injured Baby

Four Generations of Legal Excellence in Queens, NY

Founded nearly a century ago, Rosenberg, Minc, Falkoff & Wolff, LLP has a long legacy of success in personal injury law. Peter Rosenberg, a third-generation trial lawyer, has carried forward this tradition, trying well over 100 cases and securing numerous multi-million dollar awards. His reputation as a tenacious trial attorney and skilled negotiator has earned the universal admiration of clients and peers alike.

Daniel C. Minc, a partner at our firm, has spent decades fighting for the most severely injured victims of surgical malpractice in Queens and across New York City.

• Multi-Million Dollar Achievements: Mr. Minc’s cases have resulted in verdicts and settlements totaling over $500 million.
• National Recognition: Featured in Newsweek’s “Leaders in Personal Injury” and awarded national SuperLawyer status, Mr. Minc is a highly respected figure in personal injury law.
• Client-Centered Representation: Known for his compassionate approach, Mr. Minc combines legal expertise with a deep commitment to securing justice for his clients.

Extraordinary Success Rate in Queens Surgical Negligence Cases

Our success rate for injured clients exceeds 95%. When we take on your surgical malpractice case, you can trust that our experienced attorneys will be dedicated to achieving the compensation you deserve. From initial consultation to trial, we will guide you every step of the way with personalized and aggressive representation.

If you or a loved one has been harmed by surgical malpractice in Queens, NY, reach out to Rosenberg, Minc, Falkoff & Wolff, LLP today. To schedule your free consultation, call us at 212-344-1000 or contact us online.