What is a “Foreign Object” in Medical Malpractice?

A “foreign object” refers to any item that was unintentionally left inside a patient after surgery or another invasive procedure. These objects are not supposed to remain in the body and can cause serious, often life-threatening complications. Common foreign objects include:

  • Surgical sponges (gauze or pads): The most frequently retained items, often saturated with blood and hard to distinguish from tissue.
  • Scalpels and surgical scissors: Rare but extremely dangerous, leading to internal lacerations or organ damage.
  • Forceps or clamps: Large tools that, when left behind, can cause pain, blockages, or infections.
  • Needles or broken instrument tips: Tiny and hard to detect, but still capable of causing severe tissue damage.
  • Catheter fragments or tubes: Sometimes break off or are not fully removed after a procedure.
  • Guidewires or drainage devices: Left unintentionally during minimally invasive procedures or catheter placements.

How and Why Do These Mistakes Happen?

Retained surgical items are classified as “never events,” meaning they are entirely preventable with proper care. Unfortunately, they still occur due to:

  • Poor communication during surgery: When multiple surgeons, nurses, or specialists are involved, miscommunication can lead to critical errors.
  • Incomplete surgical counts: Hospitals require surgical teams to count all tools and sponges before and after a procedure, but these counts can be rushed, skipped, or miscounted, especially in emergencies.
  • Fatigue and distraction: Long surgeries and overworked medical staff increase the likelihood of mistakes.
  • Obesity or complex anatomy: In some cases, retained items are missed due to limited visibility or difficult access within the patient’s body.
  • Lack of technology: Some facilities still lack modern tracking systems (like barcoded sponges or radiofrequency tags) that help prevent these incidents.

The Impact on Patients

Foreign objects can lead to devastating consequences, including:

  • Internal bleeding or organ damage
  • Severe infections or sepsis
  • Chronic pain or swelling
  • Repeated surgeries to remove the object
  • Long-term disability or even death

Often, patients may not immediately know something is wrong. Symptoms may not appear until weeks or months later, leading to delays in diagnosis and treatment.

Legal Options and Your Rights

Under Florida law, patients have two years from the date they discover (or should have discovered) the injury to file a medical malpractice claim. Because foreign object injuries are often hidden, the law may allow more time to file, especially if the discovery was delayed.

At Baron, Herskowitz, and Cohen, we work with independent medical experts to review records, imaging, and operative reports. We gather the evidence needed to prove that a standard of care was breached and that the injury could and should have been prevented.

We’re Here to Help

If you or a loved one has experienced complications following a surgery and suspects that a foreign object may have been left behind, don’t delay. These cases are complex and require skilled legal representation.

Baron, Herskowitz, and Cohen have the experience and resources to investigate your claim and pursue the compensation you deserve for medical bills, lost wages, pain and suffering, and future care needs.

Contact us today for a FREE confidential consultation.

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