If a surgeon leaves a sponge, instrument, or other object inside your body during surgery in Louisiana, it can cause serious complications such as infections, organ damage, and the need for additional surgeries. These “never events” are considered preventable and often fall under medical malpractice. Patients may be entitled to compensation for medical costs, lost wages, and pain and suffering. Capitelli & Wicker, a trusted medical malpractice firm in New Orleans, helps individuals across Louisiana pursue justice for surgical mistakes.
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When you undergo surgery, you trust your medical team to prioritize your safety and wellbeing. Unfortunately, some patients later discover that a surgical instrument or sponge was left inside their body during the procedure. These incidents can lead to pain, infection, further surgeries, and emotional distress.
At Capitelli and Wicker, a New Orleans-based firm with decades of experience in medical malpractice litigation, we assist individuals throughout Louisiana in pursuing justice following serious surgical mistakes. If this has happened to you, understanding your legal rights is an important first step.
What Are Retained Surgical Items?
A retained surgical item is any object unintentionally left inside a patient’s body during surgery. These items are not limited to sponges or tools. They can also include gauze, clamps, guidewires, or needles. Known as a “never event,” this kind of error is considered entirely preventable with the proper safety checks.
Retained surgical items can lead to:
- Severe infections
- Chronic abdominal or pelvic pain
- Organ damage or internal bleeding
- Additional surgeries and long recovery periods
Why Do These Mistakes Happen?
Hospitals and surgical teams are required to follow strict protocols, including sponge and instrument counts, before and after a procedure. Despite this, errors still occur. Contributing factors may include:
- Emergency procedures where speed is prioritized
- Miscommunication between surgical staff
- Inadequate training or staffing
- Long or complex surgeries where multiple instruments are used
Understanding how a mistake happened can be key in determining whether there is a basis for a medical malpractice claim. At Capitelli and Wicker, we examine surgical records, protocols, and medical documentation to help uncover the facts.
Is This Considered Medical Malpractice?
In most cases, yes. Leaving an object inside a patient is a breach of the standard of care expected from medical professionals. When this results in harm, there may be grounds to pursue a malpractice lawsuit.
To succeed in a medical malpractice claim, you generally need to prove that:
- The retained object was left inside your body due to negligence
- It caused actual harm or complications
- You suffered losses, such as medical expenses or lost income, as a result
At Capitelli and Wicker, our team understands what it takes to establish a strong malpractice case and seek accountability for preventable harm.
What Damages Can Be Recovered?
A retained surgical item can impact your health, finances, and peace of mind. If negligence is proven, you may be eligible for compensation related to:
- Corrective surgeries or ongoing medical care
- Lost wages or reduced earning capacity
- Physical pain and emotional suffering
- Reduced quality of life
What Should You Do If You Suspect a Retained Object?
If you are experiencing unexplained symptoms after surgery, such as chronic pain, swelling, or infection, it is important to act quickly:
- Seek medical evaluation. A scan or diagnostic test may reveal whether a foreign object remains.
- Request surgical records. These can show what was used and documented during your operation.
- Document your symptoms. Keep a journal of your physical and emotional experiences.
- Contact a lawyer. Speaking with someone familiar with surgical error cases in Louisiana can help you understand your next steps.
Our attorneys haven’t just tried medical malpractice cases. With former medical professionals on our team, we have a unique perspective on healthcare providers’ standard of care and can identify red flags in treatment. This edge allows us to comprehensively evaluate whether you may have a valid claim.
Visit our about page to learn more about our background and our commitment to clients in New Orleans and across the state.
Seeking Accountability and Preventing Future Harm
Holding healthcare providers accountable for serious mistakes is not only about compensation; it also plays a role in preventing similar incidents from happening to others. Retained surgical items are often a sign of deeper system failures, and legal action may prompt hospitals to improve their safety standards.
At Capitelli and Wicker, we work with individuals and families who want answers, justice, and closure after serious medical errors. Our firm has a long-standing reputation for helping victims navigate Louisiana’s complex legal landscape with care and precision.
FAQs
- What is considered a retained surgical item in Louisiana?
A retained surgical item is any object left inside a patient after surgery, such as sponges, clamps, needles, or guidewires. These errors are recognized in Louisiana as serious medical malpractice events. - Can leaving a sponge or instrument inside a patient be medical malpractice in Louisiana?
Yes. In Louisiana, retained surgical items are generally considered medical malpractice because they represent a clear breach of the standard of care that hospitals and surgeons must follow. - What health problems can retained surgical items cause after surgery?
Retained objects can cause severe infections, chronic pain, organ damage, internal bleeding, and the need for corrective surgeries. Many patients across New Orleans and Louisiana have required additional medical treatment due to these preventable errors. - What compensation could I recover in a Louisiana retained surgical item case?
Possible damages may include corrective surgery costs, ongoing medical expenses, lost wages, reduced earning capacity, and compensation for pain and suffering. A New Orleans medical malpractice attorney can help calculate the full extent of your losses. - How do these surgical mistakes happen if Louisiana hospitals have safety protocols?
Even with strict protocols in place, mistakes can happen due to miscommunication among surgical staff, rushed emergency procedures, fatigue, long or complex surgeries, or failure to properly count instruments and sponges. - What should I do if I suspect a surgeon left something inside me after surgery in Louisiana?
Seek immediate medical evaluation, request surgical records, and document your symptoms. Then, contact a New Orleans medical malpractice lawyer who handles retained surgical item cases to review your situation and explain your next steps.
