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Failure to Remove Foreign Objects Claims
Reviewed by
Peter Rigby - Managing Director of Medical Negligence | Last updated on: 30th September, 2024
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Surgical procedures have become increasingly common and sophisticated in recent years but, unfortunately, errors can still occur. This includes the failure to remove foreign objects from a patient’s body during surgery – an oversight which can have serious consequences for the patient’s health.
If you’ve been a victim of such a surgical error and have suffered harm as a result, you may be entitled to compensation. We understand the distress and complications that can arise from having to undergo additional procedures to rectify this mistake. As a patient, you have the right to expect a high standard of care during any medical procedure.
Our experienced team of medical negligence solicitors specialises in failure to remove foreign objects claims. We can help you pursue compensation from the responsible parties, whether that’s the surgeon, assisting medical staff, or the hospital trust. We’ll handle all aspects of your claim, from the initial paperwork to thorough investigations, allowing you to focus on your recovery.
What is a foreign object in medical negligence?
Foreign objects in medical negligence claims refer to any items unintentionally left inside a patient’s body after surgery. These can include:
- Surgical instruments (scalpels, forceps, clamps)
- Medical devices (needles, catheters, drainage tubes)
- Imaging equipment (small cameras, guidewires)
- Surgical materials (sponges, gauze, swabs)
- Implants or prosthetics mistakenly left behind
Even small objects can lead to serious complications, including pain, infection, or organ damage. It’s crucial to understand that any foreign object left behind after surgery is considered a serious medical error and may provide grounds for compensation.
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What is a retained foreign object claim?
A retained foreign object claim is a process where a patient seeks compensation due to a surgical instrument or object being left in their body after a procedure. This type of negligent action can be incredibly distressing for the patient and their family and additional surgeries are often required to rectify the mistake.
The NHS classifies these incidents as “never events” – serious, preventable patient safety incidents that should not occur if proper preventive measures are in place. Hospitals have strict protocols, including surgical counts and checklists, to prevent such errors. When these protocols fail, it often indicates that medical negligence has occurred.
If you’ve suffered due to a retained foreign object after surgery, you may be entitled to compensation for:
- Additional medical expenses
- Lost wages due to extended recovery time
- Pain and suffering
- Psychological distress
Our experienced team can guide you through the process of building a strong claim, ensuring all aspects of your experience and suffering are accounted for.
What are the potential side effects of a foreign object being left in the body?
When a foreign object is left in the body after surgery, it can lead to a range of serious complications.
Immediate complications:
- Need for additional surgeries to remove the object
- Increased risk of infection, including life-threatening sepsis
- Internal bleeding or organ damage
- Severe pain and discomfort
Long-term health risks:
- Chronic pain or recurring infections
- Bowel obstruction or gastrointestinal issues
- Formation of fistulas (abnormal connections between organs)
- Vascular injuries leading to circulation problems
- Kidney or liver damage
- In severe cases, heart attack, stroke, or death
Our experienced medical negligence solicitors have successfully handled claims involving a wide range of complications, including:
- Sepsis and other severe infections
- Organ perforations and internal lacerations
- Bowel obstructions and gastrointestinal issues
- Fistula formation
- Cardiovascular complications
- Urological and renal problems
We understand the significant stress that medical negligence can place on your life. Our goal is to alleviate that burden by managing your claim professionally and compassionately. Our team of highly qualified professionals is ready to fight for your rights and work towards a just outcome.
No Win No Fee Failure to Remove Foreign Objects Claim
We understand that considering legal action after a surgical error can be daunting, especially when you’re dealing with the physical and emotional aftermath of such an incident. That’s why we offer a No Win No Fee agreement for foreign object retention compensation claims.
What this means is that you have no upfront costs, no hidden fees and no financial risk. In fact, you only pay anything at all if your claim is successful.
This approach ensures that pursuing justice for the harm you’ve suffered doesn’t add financial stress to your situation. We believe everyone should have access to expert legal representation, regardless of their financial circumstances.
Our experienced team will thoroughly assess your case to determine its viability before proceeding. We’ll explain the No Win No Fee agreement in detail, ensuring you fully understand the terms before moving forward.
Why Choose Patient Claim Line for your Failure to Remove Foreign Objects Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Failure to Remove Foreign Objects Claims
Our expert legal team answer your questions about making a Failure to Remove Foreign Objects Claim
If a foreign object is left in your body post-surgery, it can lead to various health complications; this includes infection, chronic pain, organ damage, and the need for additional surgeries.
The severity of consequences can range from mild discomfort to life-threatening situations, depending on the object’s size, location, and how long it remains undetected.
Yes, you may still have grounds for a claim even if the retained object didn’t result in severe physical harm. Compensation may instead be received for time off work, any additional medical procedures required, and the psychological distress caused by the incident.
Symptoms can vary widely and may include:
- Unexplained pain or discomfort, especially if it persists or worsens
- Signs of infection, e.g. fever, swelling, redness at the surgical
- Difficulty healing or reopening of the surgical wound
- Unusual lumps or bumps near the surgical site
- Gastrointestinal issues
- Fatigue or general feeling of being unwell
In some cases, there may be no immediate symptoms, and the object might only be discovered during a routine follow-up or unrelated medical examination. If you experience any unusual symptoms after surgery, it’s crucial to seek medical attention promptly.
Generally, you have three years from the date you became aware of the negligence to make a claim. This is known as the ‘date of knowledge’ and may be different from the date of your surgery if the object wasn’t discovered immediately. However, it’s advisable to start the claims process as soon as possible while evidence and memories are fresh.
Meet our Failure to Remove Foreign Objects Team
Case Study
Sarah's Story
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.
