Compensation for Retained Object After Surgery
'Never events' in surgery can cause significant long-term complications for the patient and may justify a claim for compensation.
'Retained objects'
During a surgical procedure, it is occasionally decided that a piece of surgical material needs to be left inside the patient to assist with the surgical process in some way. There would be a plan associated with that decision regarding when and how and if that item would later be removed.
Occasionally, however, an item which has been used as part of the surgical process is unintentionally left inside the patient when surgery is completed. This is known as a 'Never Event', in particular 'a retained foreign object post procedure'.
The type of objects which might be left behind include a range of items such as a needle, a swab, a surgical drain, a guide wirer, a cotton bud or bits of surgical equipment.
The NHS's description of such items describes them as 'any item subject to a formal counting/checking process at the start of the procedure and before its completion.'
The impact on the patient
The impact of such an event on the patient can be devastating.
- They are likely to require additional surgery in order to remove the object, therefore being exposed to all the risks normally associated with surgery, such as infection and blood loss
- The object which has been left behind may cause additional internal damage, threatening the health and possibly the life of the patient
In the twelve-month period April 2018 - March 2019 the NHS recorded over 100 incidents where a 'foreign object' was left inside a patient unintentionally at the end of surgery.
A recent client had an 18" piece of plastic left inside his abdomen. It had been left in place in order to help close the wound but had not been subsequently removed. The impact of this negligence was significant, affecting his bowel function and requiring further surgery.
Precise procedures are associated with surgery in order to avoid such incidents.
Where a 'never event' occurs, it is clear that these procedures have not been followed and medical professionals have been negligent in their care of the patient.
Medical negligence
If a patient suffers severe effects from a 'never event', it might be appropriate to make a claim for compensation.
Contact Glynns today to talk to a specialist medical negligence solicitor about your situation if you or a loved one have suffered in this way.
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