Can I Sue If My Surgeon Left Gauze Inside My Body? | IL

 Posted on August 29, 2024 in Medical Malpractice

Modern medicine saves many lives that would have been lost only decades ago and many surgeries that traditionally required several days in the hospital are now performed on an outpatient basis. However, today’s surgeons can make mistakes. It is all too common to leave surgical gauze, sponges, and tools inside the patient when the surgery is complete.

Does leaving a foreign object inside your body count as medical malpractice? How can an experienced lawyer from Winters Salzetta O'Brien & Richardson, LLC help?

What Happens When Surgical Gauze Remains in a Patient’s Body?

Some foreign objects, like a pacemaker or stent, are intended to stay inside patients. Surgical gauze, sponges, metal clips, and other tools should all be removed. An estimated 1,500 patients find themselves with retained surgical bodies annually in the U.S. The abdomen and pelvis are the most common surgical sites for these errors, with surgical instruments and sponges being the top foreign objects left behind.

These patients can face multiple complications, including:

• Swelling

• Incomplete healing

• Internal abscesses

• Significant pain

• Blockages and obstructions

• Digestive tract disturbances

• Infections that may spread throughout the body

• Adhesions

• Fistulas

• Sepsis

These symptoms may be mild or life-threatening. Patients will have to undergo additional surgery to remove the foreign objects, which poses additional risks and incurs more expenses.

Are Retained Surgical Bodies Grounds for Medical Malpractice?

To qualify for a medical malpractice claim, you must prove that the healthcare provider(s):

• Owed you a duty of care, which is a legal obligation to uphold required medical care standards in this instance.

• Did not comply with medical care standards.

• Harmed you because they failed to comply.

• Caused financial, psychological, and emotional damages directly associated with their failure.

This type of claim is based on negligence, which is failing to behave as a reasonable or responsible person would in the same situation. Would a responsible surgical team leave a piece of gauze inside your body? No, they would not. You can likely collect compensation from the at-fault parties if gauze or other surgical bodies are left inside you after surgery.

What Compensation Could You Receive?

Every case is different, and Winters Salzetta O'Brien & Richardson, LLC cannot tell you the kinds of compensation you are eligible to obtain until we discuss your case during your free consultation. However, your settlement may include reimbursement and compensation for things like:

• Medical expenses

• Lost wages

• Ongoing care

• Pain and suffering

• Inconvenience

• Anxiety and depression

When you work with us, we will calculate your damages accurately and fight to help you get the highest possible settlement.

Call Us Today for Your Free Consultation With Our Skilled Chicago, IL Medical Malpractice Lawyers

Winning a medical malpractice claim can be challenging unless you have an experienced lawyer from Winters Salzetta O'Brien & Richardson, LLC by your side. We will advocate for your best interests and help you get your deserved compensation. Call us at 312-236-6324 to speak with one of our dedicated Cook County, IL personal injury attorneys.