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Almost every surgery requires sponges, surgical clamps, and other instruments. Surgeons and other medical professionals are required to follow strict protocols and procedures to ensure safety. Sadly, these protocols are too often not followed. When they are not, items are left frequently behind in the body. It goes without saying these can produce injurious consequences including illness, postoperative infection, or organ damage.
Foreign objects can be left anywhere in the body and may even stick to body parts, including the abdomen or bowel. These cases often require further intensive medical interventions, including more complex surgeries. If you or a family member has been injured due to a retained foreign object in surgery, contact a Houston, Texas lawyer to learn more about this type of surgical negligence and how Davis & Davis can help you recover your rightful compensation via a medical malpractice claim.
Understanding “Never Events”
“Never events” are serious, largely preventable incidents which should never happen in the healthcare setting. The term was first introduced by the National Quality Forum (NQF) and includes egregious errors such as surgical instruments being left inside a patient’s body after surgery. These events are considered unacceptable because they are typically avoidable through the proper use of safety protocols and checks. These incidents not only cause significant harm and distress to patients but also raise serious legal and ethical concerns of medical negligence.
Our firm at Davis & Davis is specifically focused on handling cases involving retained foreign objects, providing legal support to victims of these medical oversights. The consequences of such errors can be severe, ranging from infections and internal damage to prolonged or additional surgeries and significant emotional trauma. Legal intervention is crucial not only for compensating the affected individuals but also for enforcing accountability and prompting improvements in medical practices to prevent future occurrences.
How a Dedicated Medical Malpractice Attorney Can Help
While you focus on recovering from your injury, our team will immediately get to work on the following time-sensitive and pivotal aspects of your case:
This involves collecting all relevant medical records, surgical procedure reports, and imaging studies.
We also consult with medical professionals who can provide insights into the standard of care you should have received and identify where your healthcare providers failed.
Gather Evidence
The team at Davis & Davis understands the foundation of any successful medical malpractice case lies in solid evidence. We begin by conducting a thorough investigation into your medical history and the circumstances surrounding your treatment. This involves collecting all relevant medical records, surgical reports, and imaging studies.
We also consult with medical experts who can provide insights into the standard of care you should have received and identify where your healthcare providers failed. Our meticulous approach ensures every piece of evidence is carefully examined to build a compelling case on your behalf.
File Your Claim
Navigating the complexities of medical malpractice claims can be overwhelming, which is why our team is dedicated to managing the entire process for you. We handle all the necessary legal documentation, ensuring your claim is filed correctly and within Texas’s strict time limits. Currently, Texas has a two-year statute of limitations deadline for filing a medical malpractice claim. This is either from the date of the injury or the date of reasonable discovery.
Our knowledge of malpractice law allows us to anticipate and counteract any challenges which might arise, making the process as smooth and stress-free as possible for you. By taking care of these legal burdens, we allow you to focus on your recovery and healing.
Fight for a Worthy Settlement
At Davis & Davis, we are committed to advocating for your rights and securing a settlement which truly reflects the gravity of your suffering and losses. We negotiate aggressively with healthcare providers and their insurance companies to ensure you receive fair compensation for the damages you have endured, whether it is additional medical expenses, lost wages, or pain and suffering.
If a satisfactory settlement cannot be reached through negotiation, we are fully prepared to represent you in court, fighting tirelessly to achieve the justice you deserve.
Contact a Retained Foreign Objects Attorney To Begin Your Claim Today
If you or a family member has been injured due to surgical errors at a Texas hospital, contact an experienced Houston, Texas retained foreign objects lawyer from Davis & Davis today for a free consultation. We understand just how stressful this moment in time can be, which is why you have our pledge to fight tooth and nail to recover the compensation you deserve as quickly as we can.
Nobody deserves to suffer the emotional and physical anguish of a never event. To see how we can best help your unique case today, please don’t hesitate to schedule a consultation through our contact form or by calling our office directly at (888) 522-9444. Davis & Davis proudly accepts referrals from Texas attorneys and law firms nationwide.
Q&A
What constitutes medical malpractice in cases of retained foreign objects after surgery?
Medical malpractice occurs when a healthcare provider fails to adhere to accepted standards of care, resulting in harm to the patient. Retained foreign objects, such as sponges or surgical instruments left inside a patient’s body after surgery, are clear indicators of medical negligence. These situations are often considered “never events” because they are preventable with proper safety protocols. Victims of such negligence may be eligible for compensation for medical expenses, additional surgeries, and emotional distress.
How does a retained surgical instrument impact a patient’s health?
A retained surgical instrument in a patient’s body can lead to severe complications, including infections, organ damage, and chronic pain. In some cases, these objects may shift or adhere to organs, complicating future medical treatments. Such errors may require corrective surgeries, prolonged hospital stays, and ongoing medical care, which increases the physical and emotional toll on the patient. Immediate legal consultation can help individuals pursue justice and hold healthcare providers accountable for these preventable errors.
What are the common symptoms of having a foreign object left inside the body after surgery?
Symptoms of a retained foreign object may not appear immediately but often include persistent pain, unusual swelling, fever, or infection. Some patients may also experience digestive or organ-specific issues depending on the location of the item within the body. If these symptoms occur after surgery, it’s critical to seek medical attention to confirm the presence of a foreign object and discuss legal options with a medical malpractice attorney.
Can patients pursue legal action if a healthcare provider leaves a foreign object in their body after surgery?
Yes, patients can file a medical malpractice claim if a healthcare provider leaves a retained foreign object, such as a sponge or clamp, inside the body post-surgery. These incidents violate established medical standards and are typically preventable. A qualified attorney will gather necessary evidence, consult medical professionals, and pursue compensation for damages such as medical bills, lost income, and pain and suffering. Legal action can also highlight the importance of safety protocols to prevent future incidents.
How can a medical malpractice lawyer help in cases involving retained foreign objects?
A medical malpractice lawyer plays a vital role in handling cases of retained foreign objects. They will collect evidence, such as surgical reports and imaging records, to prove negligence by the medical professional or facility involved. They also coordinate with medical experts who can testify about the proper standard of care and where it was breached. With their support, patients can focus on recovery while the lawyer seeks compensation and holds healthcare providers accountable, ensuring no further harm comes to other patients.
