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I asked a friend of mine...what attorney would he use [to handle a mesothelioma case] and he immediately said Rick Shapiro. He called Rick on his cell phone and explained our situation and handed me the phone. That connection to the law firm of Shapiro, Cooper, Lewis and Appleton began a relationship of trust and a sense of confidence that we had not experienced before. It was apparent to us that we had the right team fighting for our father.
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You'd be surprised how common it is to discover a surgical error where a sponge, knife, or needle was left in a patient's body. That's what this page examines. Our Virginia/Carolina medical malpractice lawyers discuss the law.

Every year, doctors and surgeons leave more than 1,500 items inside their patients by accident, according to WebMD. You read that right - 1,500 items are left inside a person's body. These items include:

Surgical medical clamps
Needles
Knives/knife blades
Sponges
Towels

While some of the surgical tools are found quickly following patient pain and an x-ray, others are left for months or years causing a second surgery or causing major medical complications such as infections.

Sponges, like the one shown here, are particularly problematic, because they cannot be easily discovered except by reopening the surgical cavity, and Virginia (VA) law does provide a special extension of the statute of limitations when the existence of the surgical tool or material is discovered at some later time.

A study in the January 16, 2003, issue of the New England Journal of Medicine sought to uncover some of the factors that increase a patient’s risk of having a sponge or other surgical item left inside them. Researchers found that emergency surgery increased the risk of retention by almost 900% and unexpected changes in the surgical procedure more than tripled the odds of object retention.

Other studies have suggested that item retention is due to surgical precautions that are not followed. Most commonly, a sponge miscount occurs. Four counts of the sponges are recommended. The first should occur when unpackaging the surgical tools/instruments. Before a surgery, one of the nurses attending the operating room is responsible for the second count of the sponges/towels. The third count should occur before the surgical cavity is closed. A final count should follow the surgery, when the same nurse is responsible for counting the sponges again to ensure that none were left in the surgical cavity. Error occurs, however, when the initial count is misreported, a simple miscount occurs, or the sponge tears or rips inside the surgical cavity in the body, and falls apart.

New technologies such as CT scanning, ultrasonography, and RFID tagging of the sponges are being developed to aid sponge counting. However, these technologies are currently cost-prohibitive or otherwise impractical at this point. This doesn't excuse a doctor from leaving a surgical item inside your body. This is an abhorrent form of medical negligence and if you or someone you know suffered injuries due to a surgical tool left in your body, please contact our law firm where you will receive a free consultation from a real lawyer.

For information about the statutes of limitations in medical malpractice cases in VA, click here, and for a discussion of the special “discovery rule” that applies to VA medical malpractice claims involving surgery sponges/tools left inside the body by a surgeon/doctor, click here.

Here are some additional articles that you may find interesting/informative...

Result of a case our law firm handled where a sponge was left inside a patient

RFID technology that could improve patient safety and reduce medical mistakes

Improper use of needles leads to Hepatitis C outbreak

World Health Organization checklist reduces medical malpractice

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have extensive experience handling medical malpractice cases. Please take a moment to review our medical malpractice case results and visit our blog dedicated exclusively to medical malpractice and surgical error issues. Our primary office in based in Virginia Beach, Virginia (VA) but we're ready to come to you anywhere in Virginia if you've been seriously hurt by a doctor's carelessness. While not every injury case meets our criteria, we off a free, initial confidential injury case consultation, so call us toll free at 1-800-752-0042. If you cannot get through due to high call volume, please leave a voicemail and we will return your call promptly.

Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition. Rick and Jim, along with fellow attorney John Cooper were named Virginia "Super Lawyers" For Personal Injury Law (2010, less than 5% of lawyers are chosen). Members of the firm have also been selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We offer free special reports on the Top 10 Tips from a Medical Malpractice Insider and the Top 5 Surgical Errors You Must Know About. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service. Our injury attorneys also host an extensive injury law video library on Youtube.

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Phone: (757)-460-7776
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Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042

Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162

North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042

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