(845) 303-1000Medical errors are always serious, but they become especially severe when retained surgical items remain inside the body after surgery. Leaving objects in a patient’s body after surgery is a preventable error with serious consequences. Hiring a Troy objects left in body lawyer could help protect the rights of a patient or their family after a surgical error. You or a loved one may be entitled to compensation if a surgical error caused harm of any kind.
Contact our dedicated surgical errors lawyer for your free consultation.
What Are Retained Surgical Items (RSIs)?
A retained surgical item refers to any foreign object unintentionally left inside a patient’s body after surgery. These items often include sponges, gauze pads, surgical instruments like clamps and forceps, needles, or catheter tips. Often, these items are not discovered until the patient comes to the hospital for post-operative pain, infection, or further imaging tests. Sometimes these items are not found for years following the surgery.
RSIs carry potential health risks and consequences that may result in both short-term and long-term complications. Some cases lead to severe infection or sepsis, while others cause organ damage or internal bleeding. Additional surgeries may be necessary to remove the object, introducing further risks. These outcomes often result in physical, emotional, and financial distress for all parties involved.
How Surgical Mistakes Happen
Several circumstances can lead to surgical mistakes. For instance, practitioners may have had improper surgical counts or failed to follow surgical safety checklists. Fatigue, distraction, and poor communication among surgical team members are also contributing factors. Hospitals with inadequate staffing or that participate in rushed procedures are also at a higher likelihood to engage in these behaviors. If you had items left in your body after surgery, a surgical errors attorney could help you pursue accountability and compensation.
In most cases, surgical errors are a result of negligence or recklessness. In New York, hospitals and surgical centers have a legal duty to follow standard safety protocols, and when they fail to do so, injured patients have the right to seek justice through a medical malpractice claim.
Legal Rights of Patients in New York
Patients have the right to safe and competent medical care. The presence of a retained object demonstrates negligence. This type of error should not occur. However, individuals pursuing medical malpractice claims should act promptly. In New York, the statute of limitations allows approximately two and a half years from the date of the incident or from the date of discovery. In many cases, individuals remain unaware of retained objects for years, which makes the discovery rule particularly significant in these situations.
To prove medical malpractice, a claimant must establish the existence of a provider-patient relationship. They must also demonstrate that the provider breached the standard of care and that the retained object directly caused harm. Damages may include medical expenses, pain and suffering, or lost wages. To support these claims, attorneys could gather evidence such as medical records, expert testimony, and surgical reports.
Work With a Troy Lawyer if You Had Items Left in Your Body After Surgery
If you or a loved one suffered harm due to a surgical object left in the body, seek legal help as soon as possible. A Troy objects left in body lawyer from our team is prepared to handle even the most complex claims, including those that require negotiating with hospitals and insurance companies. When necessary, we are ready to file lawsuits and take cases to trial to protect your rights and pursue the compensation you deserve. Call today to schedule a free consultation.