Foreign Objects Lawyer in San Antonio

Leaving a foreign object in a patient’s body after surgery is one of the most alarming types of medical negligence. A surgical sponge, instrument, or other object accidentally left behind can have severe consequences for the patient, including life-threatening complications. Our medical malpractice attorneys are committed to holding negligent healthcare providers accountable for the harm they cause.

What Constitutes Foreign Object Medical Malpractice?

Retained surgical items (RSIs) is a term commonly used to describe foreign objects left in the body after surgery. Examples of RSIs include clamps, gauze, surgical sponges, and needles. These objects are left behind due to human error, which may involve inadequate postoperative checks, lack of proper counting protocols, and miscommunication among the surgical team. Medical malpractice occurs when this type of surgical error leads to patient harm.

How Do Foreign Objects Get Left Behind in Surgical Procedures?

Although it may seem inconceivable that a surgical team could leave a foreign object inside a patient, it happens more often than you might think. Several factors may contribute to this type of medical error, including the following:

Failure to follow surgical protocols: Surgical teams are required to count all sponges, materials, and instruments before and after a procedure. If the count is inaccurate or omitted, it increases the risk of leaving something behind in the patient.
Lengthy or complex surgeries: Many surgical procedures take hours to perform, and some are lengthy and complex. When multiple surgical teams are working in several shifts, it can lead to miscommunication and confusion regarding the status of surgical materials.
Emergency surgeries: In high-stress emergencies, the surgical team focuses on stabilizing the patient. This can lead to oversight regarding the surgical tools and materials used.
Technology and equipment failure: Many modern operating rooms use technology such as radiofrequency identification (RFID) to track surgical instruments. When equipment malfunctions, it can lead to RSIs.

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What Are the Consequences of Retained Foreign Objects?

The presence of a foreign object in the body can cause serious health complications. Patients may experience symptoms such as fever, infection, severe pain, swelling, and nausea. When a foreign object perforates an organ, it can cause internal bleeding or lead to sepsis, a life-threatening condition. If left undiagnosed, RSIs can cause long-term health issues or death. Patients face additional surgeries and prolonged recovery times even when these objects are identified and surgically removed.

What Are the Legal Options for Victims of Foreign Object Malpractice?

Patients harmed by foreign objects left in the body have the right to seek compensation in medical malpractice claims. This type of lawsuit falls into the “res ipsa loquitur” category, Latin for “the thing speaks for itself.” This legal doctrine applies when the nature of the incident clearly indicates negligence. There is no other reasonable explanation than malpractice for leaving a foreign object in a patient’s body. Damages you are entitled to claim may include the following:

Medical expenses
Lost wages
Loss of earning capacity
Pain and suffering
Mental anguish
Loss of consortium
Punitive damages (if the provider’s conduct was grossly negligent or willfully harmful)

Why Choose Us for a Foreign Objects Medical Malpractice Claim?

Medical malpractice claims, including foreign objects cases, can be complex and challenging. Our seasoned foreign object lawyer in San Antonio has a thorough understanding of the medical and legal issues involved. At Scheuerman Law Firm, we offer tailored legal strategies, direct communication, personal attention, and commitment to client success. Contact us to find out how we can help if you or your loved one has been injured by foreign objects left in the body.