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Medical Malpractice/Doctor Mistakes
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. 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. We are ready to talk to you right now and provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042.
Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition, named Virginia "Super Lawyers" For Personal Injury Law (2009, less than 5% of lawyers are chosen), and 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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Case Results
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
Medical Malpractice/Doctor Mistakes
- Retained Surgical Sponge and Subsequent Complications
- Failed Back Surgery
- Failure to Diagnose/ER Doctor/vascular incident (aortic aneurysim)
- Gastric Bypass (stomach stapling) Surgery complications
- Gallbladder Surgery Error
Awarded: $425,000.00 Settlement
Awarded: The case was settled before the trial for 1.25 million dollars.
Awarded: $700,000.00
Awarded: $550,000.00 settlement during mediation.
Awarded: $425,000
FAQs
Medical Malpractice/Doctor Mistakes
- A family member died in a nursing home, and after talking with members of the staff, it sounds like they died due to nursing home neglect. Should I get a lawyer?
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- A family member died in a nursing home, and after talking with members of the staff, it sounds like they died due to nursing home neglect. Should I get a lawyer?
What is the Virginia (VA) statute of limitations for personal injury in a medical malpractice case?