Retained Surgical Instruments Claims

Retained Foreign Objects (RFO) are surgical instruments, sponges, devices or tools that have been left inside a patient unintentionally following a surgical procedure. If a foreign body has been left behind following your surgery, you may have the basis for a retained surgical instrument medical negligence claim. The National Library of Medicine has more detail about this.

Duty of Care to Patients

Medical professionals have a legal duty of care to all patients they are dealing with so when they fail to deliver the standard of care that is expected, they are in breach of their duty. If injury results from that breach of duty, the patient can sue for medical negligence. This duty applies to all health care providers, so if the breach occurred by a nurse in a clinic or hospital, the same rule applies.

Leaving an instrument inside the body of a patient in surgery

If after surgery, it is noticed that there is a foreign object (e.g., medical instrument) still in the patient’s body, this could cause painful and harmful consequences to the patient. It would likely involve more surgery in order to remove the object. If this occurs a question will be asked regarding why the error happened. If a procedure was conducted, a device or something was left in the body when it shouldn’t have, did post-surgery scans take place, for example, as part of the aftercare.

Injuries that could arise from such an occurrence

This will depend on how long the foreign body has been left in the body before being noticed. It is possible, a small instrument might be unnoticed for a while. If unattended to, the consequences for the patient can be:

• Discomfort and/or pain
• Internal blockages
• Sepsis
• Cuts or internal abrasions that could develop to internal bleeding
• Death caused by the injuries

All of these should have been avoided were it not for the indentification of the issue and it’s removal.

Legal Recourse

There is a two-year limitation period for taking medical negligence cases in Ireland. This might sound like a long period but it is not. Seeking, obtaining medical records, reviewing the case, putting the facts in order, obtaining reports takes time. To make your case, you must establish that:

• The medical professional/hospital failed in their duty of care by leaving a foreign object in your body during surgery.
• You suffered an injury as a direct result of the negligence of the medical professional.
• As a result of the injury, you suffered financial loss. This can be time off work, medication, travel costs for medical appointments etc.

As in all medical negligence cases, having the opinion of a medical expert is important. The medical expert provides an independent opinion on if the healthcare provider fell below the accepted standard of care for the medical specialty and whether any negligent act did cause the outcome for the patient ie the injury.