Left-behind items more common in surgery than expected

April 06, 2013

Left-behind items more common in surgery than expected

Article provided by The Law Offices of Daniel A. Kalish
Visit us at http://www.personalinjurylawnewyork.com/

Patients undergoing surgery rightfully expect that the surgeon will perform the procedure competently and without making obvious mistakes. However, according to research carried out by USA Today, surgeons leave surgical objects behind in patents more than a dozen times a day.

According to existing government data, this type of surgical error happens about 3,000 times per year nationwide. However, since there is no federal reporting requirement for left-behind items, the number is likely much higher. When USA Today reviewed lawsuits, studies and government statistics, it found that left-behind surgical objects happen much more frequently--about 4,500 to 6,000 times per year.

Additionally, according to an investigation by the paper, forceps, clamps and other surgical tools, although occasionally left behind by the surgeon, do not constitute the majority of items left behind. Instead, cotton sponges are the most left behind item. These surgical sponges are used to soak up blood and other fluids during procedures.

Hospitals refuse changes

Despite the unacceptably high numbers of left-behind items, hospitals have not stepped in to stem the problem. A common and effective solution is to equip equipment such as sponges with electronic tracking devices, so it is immediately known whether a sponge is missing at the end of the procedure. The cost of doing this is modest--about $8 to $12 per procedure. Despite the low cost, fewer than 15 percent of hospitals have implemented such a system, according to a USA Today survey of companies that manufacture such products.

The cost of ignoring the problem is tremendous. According to Medicare data, hospitalizations caused by a lost sponge or surgical instrument average more than $60,000. Additionally, resulting medical malpractice lawsuits can cost hospitals between $100,000 and $200,000 per incident.

A medical malpractice attorney can help

Victims of left-behind surgical objects can suffer greatly. Many can experience severe pain for months or years after the operation until the error is discovered. In many cases, by the time that the error has been discovered, infection or other complications have developed, which can result in a loss of a body part or even death.

Under New York law, surgeons must meet a certain minimum standard of competence when operating on their patients. When a surgeon leaves behind an object or instrument, this standard is not met, making the surgeon liable for medical malpractice. Victims of malpractice are entitled to recover the present and future costs of their medical care, as well as pain and suffering and other damages.

If you have been the victim of medical malpractice, contact an experienced medical malpractice attorney. An attorney can assess your case and work to hold the responsible party accountable for his or her action.