A retained surgical items claim seeks compensation for the effects of medical negligence on your life. An item left inside you post-surgery can cause infection and could put your life in danger.

Surgical sponges, swabs, gauze, and even surgical instruments are examples of items that may be left behind after surgery. You make a medical negligence claim* for compensation for the effects of the injuries today and in the future.

The surgeon owes you a duty of care. If the surgeon leaves an item inside you, it can be a breach of their duty of care, and you may have a medical negligence compensation claim*.

O’Brien & Company Solicitors can make the medical negligence claim* when you had retained surgical items after an operation.

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What is a retained surgical items claim?

A retained surgical items claim is the legal process you follow to get compensation for the impact of medical negligence. With the help of a medical negligence solicitor, you claim for the effects on you today and on your future life.

Medical negligence is on the rise in Ireland, and the surgical negligence of leaving a swab or a piece of equipment inside a body is part of the increase in claims. More than 300 items were reported to have been left inside bodies post-surgery in Ireland in a single year. Over a three-year period, 821 objects were left behind during surgery with needles, sponges and bandages among the retained items. 

Retained items after surgery could become infected and could cause more trouble than the original need for the operation. In some cases, the retained items were not discovered until some time after the surgery, and patients required emergency medical intervention.

O’Brien & Company Solicitors in Dublin has the experience to take your retained surgical items case and help you obtain compensation for medical negligence.

Common claims for retained surgical items compensation

Common claims for retained surgical items compensation range from the surgical tool left behind after surgery to the swab left after an appendectomy and various items discovered in the mother post the birth of a child.

Types of claims for retained surgical items:

  • Clamps left inside the patient following surgery claim
  • Surgical instruments left inside the body following keyhole surgery claim

  • Staples not removed on time following surgery claim

  • Sponge left inside the patient after routine surgery claim

  • Gauze and swabs left inside a patient after a Caesarean delivery claim

Clamps left inside the patient following surgery claim

Clamps left inside the patient following surgery can happen when having invasive surgery if the surgeon needs to keep other organs and arteries pinned back during the operation.

The use of clamps is necessary during some surgeries, but to leave one behind can cause severe injury.

The surgical team must count all clamps used and account for all clamps after the surgery.

If you suffer a personal injury from having a clamp left behind after surgery, you may have a medical negligence claim* for compensation.

Surgical instruments left inside the body following keyhole surgery claim

Surgical instruments left inside the body following keyhole surgery may cause internal bleeding, and the parts could become embedded in the internal organs.

Keyhole surgery is a vital method for speeding up surgery recovery time and making surgery less invasive for a patient, but the surgeon must not leave any items in the body.

Types of keyhole surgery instruments that may be retained in the body:

  • Parts of a blade following keyhole gallbladder surgery
  • Parts of the camera left inside after exploratory surgery

  • Surgical thread retained after keyhole surgery

O’Brien & Company medical negligence solicitors in Dublin can make your retained surgical items claim for compensation.

Staples not removed on time following surgery claim

Staples not removed on time following surgery may become infected and could become very difficult to remove. 

The staples can help wounds heal quickly and aid in a patient’s recovery after surgery. The surgeon and the surgical team must account for the staples used in surgery and ensure they are not retained.

O’Brien & Company Solicitors will work with you and your family to get compensation for any injury arising from a retained surgical item in the body, such as staples and stitches.

Sponge left inside the patient after routine surgery claim

A sponge left inside the patient after routine surgery can migrate throughout the body and even cause blockages in the intestines. The sponge can easily become infected, and the pain can be severe for patients suffering from a retained surgical sponge.

Types of claims for a surgical sponge left behind following routine surgery:

  • Surgical sponge retained in the body after gallbladder surgery
  • Surgical sponge retained in the body after an appendectomy

  • Surgical sponge retained following eye surgery

The effects of a retained surgical sponge can be with the patient for many years and could even cause a premature death.

Gauze and swabs left inside a patient after a Caesarean delivery claim

Any gauze and swabs left inside a patient after a Caesarean delivery could very quickly lead to an infection and may even put a woman’s ability to have another baby at risk.

There can be a lot of bleeding during a Caesarean delivery, and the surgical team may use swabs and gauze to control the bleeding. The items used during the surgery must be accounted for and counted in and out; no piece of gauze or swab should be left behind after delivery.

The injuries caused can be organ damage, septicaemia, sepsis, and infections. The mother could need to spend a longer time in hospital at what should be a special time for her and the new baby.

O’Brien & Company medical negligence solicitors will work with you when you have a medical negligence claim* for a retained item after surgery and get you the compensation you deserve.

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What are the potential effects of retained surgical items?

The potential effects of retained surgical items range from infection to pain and even damage to internal organs. The personal injury you suffer due to the retained surgical item in your body can result in spending time in hospital and possibly needing more surgery.

The surgeon and the surgical team have a duty of care to the patient. If they breach that duty of care and cause you an injury, you may have a medical negligence compensation claim*.

Types of injury you suffered due to retained surgical items:

  • Infection in the immediate area of the body with the retained surgical item
  • Infection throughout the body, such as septicaemia, blood poisoning

  • Sepsis

  • Severe pain

  • Unnecessary suffering and discomfort

  • The need for further surgery

  • The need for long-term medication

  • Nerve damage due to the surgical instrument in the body

  • Fistula, where two organs fuse due to the effects of the retained item

  • Internal organ damage

  • Stress for the patient and their family

  • Death of the patient

The retained items in the body, such as gauze, bandages, surgical instruments, and pieces of surgical thread, can cause significant pain and infection. The patient may be ill for some time before the retained items are identified as the cause, which can exacerbate the damage in some cases.

O’Brien & Company medical negligence solicitors can look at the details of the retained surgical items claim and see if you have a valid medical negligence compensation claim*.

Compensation for Retained Surgical Items Negligence

Compensation for retained surgical items negligence in Ireland could see you receiving money to cover your costs and losses resulting from your injuries after surgery. 

You may also receive compensation for the pain and other effects on your life due to the medical negligence by the surgical team or any medical professional involved in leaving surgical items in the body post-surgery.

When a medical professional breaches their duty of care to you, it could be a claim for medical negligence. They may have put your life in danger and caused you unnecessary suffering. In some cases, the effects could last for life, such as if you suffer a disability or need full-time care due to the medical negligence.

The compensation on offer differs from claim to claim. You could be incapacitated for life due to medical negligence, or you may be out of work for a time and lose income to the home. 

There is not one fixed amount of compensation for a retained surgical items claim, and you seek compensation for your losses, known as damages, in a medical negligence claim*.

In Ireland, a compensation claim* for medical negligence is a combination of two types of damages. 

What are damages in a retained surgical items compensation claim*?

Two types of damages cover the immediate effects on your life and the impact on your future life following an injury due to the retained surgical items. 

You claim damages for the pain and suffering as well as the damages of loss of income. Damages can also cover the need to make adaptations to the home and car, as well as any other changes to your life.

The damages in a compensation claim* for retained items medical negligence in Ireland are:

General damages in retained surgical items claim are compensation for the Loss of Amenity in your life. The loss of amenity can result from the effects of an infection or organ damage on your ability to walk and perform other activities as you did before your surgery.

A loss of amenity can be seen in difficulty walking, exercising, or getting to work. 

You can also claim for the Pain and Suffering experienced due to a breach of the duty of care to you by the medical professional treating you.

The special damages in a retained surgical items claim cover the extra costs in your life due to the injury caused by the surgeon leaving an item inside during the operation. 

Special damages in the retained surgical items compensation claim* are:

  • Medical costs
  • Loss of earnings

  • Travel costs

  • Cost of care

  • Further treatment costs

  • Cost of aids and equipment

The retained items medical negligence claim* in Ireland seeks compensation for the two damages due to a medical professional’s breach of duty of care.

O’Brien & Company Solicitors will be there with you when making a retained surgical items compensation claim*.

Surgical Negligence in Ireland

Surgical negligence in Ireland is when you suffer a personal injury due to a breach of duty of care by a medical professional. The medical professional, such as the surgeon responsible for safe surgery, has made errors like not accounting for the number of swabs used and has left one inside the body.

Other retained surgical items, such as callipers or surgical gauze, can have serious implications for the patient, and they may have a surgical negligence compensation claim*.

Surgical negligence happens when:

  • The surgeon does not follow the guidelines for safe surgery
  • The surgical team does not account for all instruments used in surgery

  • The surgeon does not ensure they remove all items used

  • Errors by the team checking the patient post-surgery

  • Administration errors due to cutbacks and staff shortages

If you are a victim of surgical negligence, you may have a compensation claim*.

O’Brien & Company medical negligence solicitors in Dublin have the experience to make your surgical negligence compensation claim*.

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If you are a victim of medical negligence, obtaining the advice of a professional and experienced solicitor is in your best interests.

Who can be at fault for retained surgical items negligence?

The medical professional involved in your surgery may be at fault for the retained surgical items negligence. 

Every medical professional involved in the surgery owes you a duty of care. If they breach that duty of care by leaving a swab inside you, you could have a medical negligence compensation claim*.

A retained surgical item is what is known as a ‘Never Event.’ It should never happen, and there are protocols in place in Irish hospitals to prevent the team from leaving items inside you after surgery. The HSE and hospital authorities implement procedures for safe surgery, and all medical professionals are expected to follow them.

Medical professionals at fault for retained surgical items:

  • The surgeon carrying out the surgery
  • The surgical team that did not follow the protocols

  • The team in post-op who monitors the patient

  • The HSE hospital responsible for following surgery protocols

If you suffer from a retained item following any type of surgery, you may feel the effects for life, and you can claim compensation from those responsible.

O’Brien & Company Solicitors can handle your retained surgical items compensation claim*.

Make a retained surgical items compensation claim* today

Make a retained surgical items compensation claim* today by contacting O’Brien & Company Solicitors in Dublin.

We have the experience in medical negligence and can fight your surgical negligence claim until you get the compensation you deserve. 

You are the one who had sepsis or suffered prolonged pain and discomfort due to a retained surgical item. O’Brien & Company Solicitors have the team in place to make the compensation claim* and will be with you at every step of the claims process.

Contact O’Brien & Company medical negligence solicitors to make your retained surgical items compensation claim* today.

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