Claiming Compensation for Retained Object After Surgery
A retained surgical object can cause havoc for the patient and may justify a claim for compensation if the patient suffers significant, long-term problems as a result.
Retained objects
The NHS issues a list of events which should never occur in the daily provision of health care. These include wrong site surgery and the misadministration of medication. It also includes the retention of surgical objects inside the patient's body.
As a general rule, a surgical item should not be left inside a patient at the end of a surgical procedure. This is described as a 'never event'.
The impact of such an occurrence may be minimal. However, it can be significant, causing the patient to suffer on-going discomfort and possibly permanent dysfunction if surrounding parts of the anatomy are damaged or their function is impeded by the retained object.
It is also likely to require the patient to undergo further surgical procedures to deal with the retained item.
A retained object could include a swab or a guide wire or a needle, for example. In the case of a recent client, the retained object was a piece of plastic the size of a dinner plate.
Medical negligence
Unless there is a specific and deliberate medical reason for the retention of the item, such an occurrence is always regarded as negligent.
In abdominal surgery, the risks associated with a retained object can be high due to the presence of several organs fundamental to the patient's survival. Damage to the digestive tract, for example, can limit the patient's bowel function or risk an abdominal infection and the development of sepsis.
Case study
Our recent client suffered significant pain following an operation for cancer but it was more than a year before it was discovered that he had a retained object in his abdomen. He then had to undergo a number of additional procedures as a result of this shocking situation, including the creation and reversal of a stoma, and continues to experience significant on-going and debilitating symptoms.
Speak to a solicitor
If you or a loved one are suffering severe, long-term problems as a consequence of a never event such as a retained object, contact Glynns to talk to one of our specialist medical negligence solicitors.
It may be appropriate to make a claim for compensation for your pain, suffering and financial losses.
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