(845) 802-0047Regardless of the type of surgical procedure performed, surgeons utilize a wide range of objects and tools to help them safely and successfully conduct their work. When surgical objects are left inside of a patient’s body after an operation, these retained instruments become dangerous and may require additional surgery to remove. A Kingston objects left in body lawyer could pursue a claim on your behalf to seek justice for your pain and suffering. If you are injured by the negligent care of a surgeon or surgical staff, a dedicated surgical error attorney could help you evaluate your legal options.
What Objects Are Commonly Left in a Patient’s Body After Surgery?
Often found in the chest cavity and abdomen, objects commonly left inside patients after surgery include:
- Scalpels
- Sponges
- Towels
- Scissors
- Forceps
- Needles
- Clamps
- Tubes
There is higher incidence of retained surgical instrument cases in emergency surgeries, which may be rushed, unplanned, and conducted by surgeons with no prior history with that patient. However, following proper procedures should prevent these surgical errors.
Some common factors in cases of retained surgical instruments include procedures involving multiple surgical teams, staff turnover during surgery, and overweight patients. Rushed surgical procedures or conducting subsequent surgical procedures may also increase the likelihood of objects being left in the surgical site.
The Statutory Deadline to File a Lawsuit
Victims with objects left inside of them after surgery are provided a limited time to file a lawsuit for damages. According to New York Civil Practice Law and Rules §214-A, plaintiffs with surgical instruments left in the body only have one year after the discovery or when the object should have reasonably been discovered to file their claim, whichever occurs first. If an injured person does not file a medical malpractice lawsuit before the statutory deadline has passed, they may forfeit their right to sue the negligent party.
Potential Complications
The symptoms of a retained surgical object vary widely, so is imperative that patients see a physician right away if they feel odd or unusual following surgery. Some common symptoms of objects left in the body after a surgery include:
- Signs of infection at the wound site such as drainage, swelling, and redness
- Prolonged or excessive pain
- Rapid heart rate, respiratory distress, and fever
- Abdominal distention or bulging
- Difficulty urinating or constipation
- Headaches
- Rapid weight loss
- The wound does not heal
When a patient believes they are the victim of a physician’s mistake or have been diagnosed as having a surgical object left in their body, a Kingston attorney could help them file a medical malpractice claim.
What is a Victim’s Right to Compensation in Kingston?
Victims of retained surgical objects often have considerable financial damages. These may include an additional surgery to retrieve the retained object and deal with any further medical complications that have occurred as well as pain and suffering.
Patients could incur significant medical expenses, lost wages, and other economic damages stemming from treatment and surgery to correct the error. Depending on the specifics of the victim’s case, an objects left in body attorney in Kingston could help get them the compensation they need.
Contact a Kingston Objects Left in Body Attorney
After discovering that a foreign object was retained inside of you after a surgery, you may be distraught and uncertain of where to turn. A skilled Kingston objects left in body lawyer could be an advocate and ally at your side, helping you pursue damages for your pain, suffering, medical bills, and other losses resulting from the medical provider’s error. Call today to schedule a case evaluation today and learn more about the legal options available to you.