You trusted a surgical team with your body, your health, and your life, only to wake up still in pain weeks later and eventually learn that something was left inside you during the procedure. Retained surgical instruments are among the most alarming forms of medical error that exist, and if this has happened to you or someone you love, you deserve to understand your legal options. At Wagner Reese, we represent Indiana patients harmed by preventable surgical errors and are committed to holding negligent providers accountable.
The short answer to whether you can sue is yes, and these cases are taken seriously under Indiana law. Leaving a surgical instrument inside a patient is classified as a “never event,” meaning it is a preventable error that should simply never occur under accepted standards of care. Wagner Reese has been fighting for Indiana injury victims since 1997, and our attorneys understand exactly what it takes to build a strong medical malpractice case against a hospital or surgical team.
What Counts as a Retained Surgical Instrument?
According to the WHO Guidelines for Safe Surgery published on NCBI, the likelihood of a surgical item being left behind has been estimated as high as 1 in every 1,000 operations. A retained surgical instrument, sometimes called a retained foreign body, is any item inadvertently left inside a patient’s body after a procedure is completed. This category of error falls squarely under medical malpractice because surgeons and their teams have a professional duty to account for every tool used during an operation. The most frequently retained object is a surgical sponge, though needles, clamps, forceps, scissors, suction tubes, and electrosurgical adapters are also commonly left behind.
Why It Happens
Operating rooms are high-pressure environments, and several factors increase the risk of a counting failure. Emergency surgeries, unplanned changes in the operative plan, high patient body mass index, and procedures involving multiple surgical teams all elevate the likelihood that an item goes unaccounted for. Manual counting methods, which remain the standard protocol, are fallible, and when they fail, the consequences for patients can be severe.
How Retained Instruments Harm Patients
The physical harm caused by a retained instrument can range from chronic discomfort and infection to life-threatening complications. Patients may experience internal abscesses, bowel perforations, fistulas, or obstructions, and in some cases, the object goes undetected for months or years while steadily causing internal damage. Consulting an attorney who handles medical malpractice surgery claims is an important early step, particularly when a delayed diagnosis may itself represent additional negligence.
Filing a Claim Under Indiana Law
To succeed in a retained instrument claim in Indiana, four elements must be established: a duty of care existed, that duty was breached, the breach directly caused your injury, and you suffered measurable damages. Because the error itself is generally indefensible, these cases often turn on the extent of the harm caused and the timeliness of the claim filed.
It is critical to be aware of Indiana’s medical malpractice statute of limitations, which generally gives patients two years from the date of the alleged malpractice to file a claim. Limited exceptions may apply when a retained instrument was not discovered right away, but acting quickly is always the best course of action.
What Damages Can Be Recovered?
When a retained instrument causes serious or lasting harm, the financial and emotional toll on a patient and their family can be immense. Compensation in these cases may include the costs of corrective surgeries, follow-up care, lost wages during recovery, and long-term treatment for secondary complications. Pain and suffering damages are also available to account for the physical distress and emotional anguish that accompany this type of preventable error.
In situations where a retained instrument contributes to a patient’s death, surviving family members may also be able to pursue a wrongful death claim alongside a malpractice action. These claims can provide compensation for funeral expenses, loss of financial support, and the profound grief of losing a loved one due to a provider’s negligence. No amount of money can undo that loss, but holding the responsible party accountable is an important step toward justice.
Contact Wagner Reese LLP for Help With Your Indiana Malpractice Claim
If you or a family member has suffered harm due to a retained surgical instrument, Wagner Reese LLP is ready to stand by your side. We have been fighting for Indiana injury victims since 1997, and our attorneys understand the complexity of bringing a medical malpractice case against hospitals and surgical teams. We take pride in our thorough, compassionate approach to each case we handle.
We offer free consultations so you can learn about your rights without any financial commitment. Reach out to our team today through our contact form to get started. You should never have to carry the burden of a medical provider’s mistake alone, and Wagner Reese is here to help you pursue the justice and compensation you deserve.
