Despite new technology, retained surgical instruments still a problem

When you have to undergo a surgical procedure, it can be a scary experience. You might worry about possible complications from the procedure or perhaps, how long it will take you to recover. However, what is probably not foremost on your mind is what if the surgeon accidently leaves behind a surgical tool or instrument in your body once he or she has finished with the surgery.

Unfortunately, this type of surgical error happens more often than you may think. Experts estimate that about 2,000 patients across the nation have surgical material left behind each year during operations. The most common item left behind is a surgical sponge, but needles, gauze and other items have been left in patients.

Surgical instruments that are left behind can go undetected for weeks, months or years following the surgery. Patients may not be aware of their presence unless recurring pain or infection occurs or a mass develops around the instrument. If left undetected, instruments can cause serious injuries to the patient.

Experts say that the problem is not from individual surgeons or nurses, but from a lack of effective safety procedures in hospitals. For example, many hospitals require operating room staff to count the number of sponges used in the procedure to make sure that all are accounted for once the procedure has ended. Despite this procedure, it is easy to lose count and leave a sponge behind.

A better way is to make sure that each sponge has its own individual holder, so it is apparent when one is missing. In addition, new technologies are available that require surgeons to scan a bar code of each sponge used at the beginning and end of each surgery. Experts concede, that although the new technology helps to prevent surgical errors, operating room staff will still likely continue to make mistakes.

Left behind instruments and the law

Under Texas law, healthcare providers have a duty to provide medical treatment that meets a minimum standard. If a surgeon or other member of the operating room staff leaves behind a surgical instrument, their behavior would likely fall below the minimum standard, meaning that their actions constitute medical malpractice and they are liable for damages such as loss of earnings, medical expenses, pain and suffering and other losses.

In addition to the surgeon or other medical staff member, hospitals can be liable for medical malpractice as well. Under the law, an employer can be held responsible for the negligent acts of its employee who is acting within the scope of his or her employment. If the doctor or medical staff member is an employee of the hospital in which the surgery took place, the hospital can also be liable for damages.

If you have been injured because of an error made by your physician or surgeon, contact an experienced medical malpractice attorney. An attorney can investigate the cause of your injures and work to hold the responsible party accountable for their actions.