Finding a surgical item left inside the body can cause serious medical and legal concerns. A retained surgical item may lead to pain, infection or internal damage. In Oregon, it may support a negligence claim, depending on the circumstances of the surgery and the facts surrounding how the item was left behind.
A missing surgical instrument can cause more than pain. When a surgical team fails to count every instrument before closing an incision during a C-section or other pregnancy-related surgery, a retained object can lead to infection, chronic pain or life-threatening harm. Knowing the medical and legal options can help patients understand what to do next.
Recognizing the signs of retained surgical items
Symptoms of a retained surgical instrument may appear right after surgery or develop slowly over weeks. In some cases, symptoms develop weeks or months later. The warning signs can include:
- Ongoing abdominal pain
- Unexplained fever
- Swelling near the surgical site
- Nausea or vomiting
- Unusual discharge from the incision
Medical imaging can often detect a retained object. Prompt medical care can help doctors identify the cause of symptoms and determine whether the patient needs treatment. Medical records can also document symptoms, diagnosis and treatment. These records can provide key evidence in a surgical error claim.
Steps to take after finding a retained instrument
Protecting health and preserving legal rights requires careful action. With an attorney’s help, patients can take the following steps:
- Get a second medical opinion: See another medical provider for an independent review and any needed treatment.
- Request surgical records: Obtain all relevant records, including the original surgical notes and instrument count sheets.
- Keep medical bills: Save all bills for treatment related to the retained instrument and any follow-up care.
- Document the impact: Record how the retained instrument affects daily activities, work and overall well-being.
Oregon generally gives a person two years to file a medical malpractice claim after discovering the injury, or when the injury should have been discovered. Exceptions may apply. Because timing can be fact-specific, patients who discover a retained surgical item should consider obtaining legal advice promptly.
Understanding a potential Oregon malpractice claim
A retained object can turn a routine procedure into a serious legal issue. Some cases need medical experts to show that a provider failed to meet the proper standard of care. In other cases, Oregon law may allow negligence to be inferred without expert testimony. Oregon generally does not require a certificate of merit with a medical malpractice complaint.
An experienced attorney can review the facts and explain whether a claim may support compensation for medical costs, lost wages, pain and suffering and other losses.