If you consented to a surgical procedure, you did so knowing that there is always some degree of risk associated with any surgery. After weighing the benefits of having the surgery against the potential for an unavoidable error occurring, you decided to proceed with the surgery. What you did not consent to, however, was the risk of a preventable surgical error, such as finding out that a surgical item was left inside during the surgery. If that happened to you, who is responsible for the physical injury, emotional pain, and additional expenses caused by that preventable surgical error?
If you suffered injuries because of a retained surgical item, you may be entitled to compensation for your physical pain and emotional trauma. The Orlando surgical errors attorneys at Bailey Fisher PLLC have extensive experience and expansive resources that will be used to make sure the responsible parties are identified and to ensure that you receive all the compensation to which you are entitled because of the injuries you suffered.
Surgical Error Facts and Figures
Despite having one of the most advanced healthcare systems in the world that provides patients with access to cutting-edge medical treatments, the United States has significantly higher medical error rates than other developed countries. According to the National Library of Medicine (NLM), medical errors may account for as many as 251,000 deaths annually in the United States, making medical errors the third leading cause of death. Each year, between 4,500 and 6,000 patients are the victim of an unintentionally retained surgical foreign object (RSFO), according to the American Society of Anesthesiologists. An article in the Journal of American College of Surgeons estimated that as many as one in 5,500 operations results in a retained surgical item. Surgical sponges and needles are the most likely foreign object to be left in a patient, accounting for more than two-thirds of all incidences of retained surgical items. Other surgical items that are commonly left inside a patient include things such as gloves, clamps, drain tips, forceps, and surgical masks.
What Injuries Can Be Suffered because of a Retained Surgical Item?
While some patients live with a retained surgical item for years without knowing it is there, others suffer immediate and sometimes serious effects when a surgical item is unintentionally left inside during a surgical procedure. Some of the most common injuries suffered because of a retained surgical item include:
- Physical pain that can be severe in nature
- Digestive problems
- Damage to internal organs
- Swelling
- Disfigurement
- Infection that can lead to sepsis
- Emotional trauma
Who Is Liable When for a Retained Surgical Item Left in a Patient?
Leaving a surgical item inside a patient is a preventable medical error that may form the basis of a medical malpractice lawsuit in the State of Florida. Medical malpractice occurs when a health care professional violates the applicable standard of care, and that violation causes or contributes to a medical error. The standard of care for health care providers in Florida is defined as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
Determining who is legally responsible for damages caused by a retained surgical item, however, can be a complicated task because multiple parties may share responsibility for the surgical error. Common parties who might be liable for a retained surgical item include:
- Surgeon
- Hospital or clinic where the surgery was performed
- Anesthesiologist and/or CRNA
- Health care professionals assisting with the surgery, such as nurses, operating room circulators, and technicians
- Physicians and healthcare professionals who provided aftercare
Why Are Retained Surgical Item Medical Malpractice Lawsuits Difficult to Navigate?
Medical malpractice is a highly specialized and complex area of the law for several reasons. Although it is a type of personal injury lawsuit, a unique standard of care applies. Additionally, there are specific state laws that limit the time a victim has to pursue litigationand which prescribe specific procedures that must be followed when a victim alleges medical malpractice. The statute of limitations alone can present a significant hurdle to victims of a retained surgical item injury because a victim only has two years to initiate a lawsuit from the date on which they discovered or should have discovered the medical error, with a four-year absolute limitations period regardless of when the patient learns of an error (called a statute of repose). Given that some victims do not immediately experience symptoms of the retained item, coupled with the fact that it can be hard to determine whose negligence caused or contributed to the item being left inside, a retained surgical item lawsuit can be particularly difficult to litigate. Having an experienced surgical error attorney on your side is the best way to ensure that you the responsible parties are identified and held accountable.
Get Help from Experienced Orlando Medical Malpractice Attorneys
If you were injured because of a retained surgical item, or a retained surgical item resulted in the death of a family member, the law allows you to pursue compensation from all potentially responsible parties. At Bailey Fisher, our Orlando surgical errors attorneys are committed to holding the negligent parties accountable when a surgical error causes injuries by aggressively litigating your claim and making sure you are fully and fairly compensated for the physical injuries and psychological trauma you endured.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando medical malpractice attorneys will evaluate your case for free. For viable personal injury cases, we will follow up with the necessary legal action to hold the responsible party accountable for their negligence and recover the financial compensation you deserve for your pain, suffering, and losses.
