Imagine waking up from surgery, expecting to feel better, only to discover that your pain is intensifying rather than subsiding. Now imagine learning that this pain is caused by a surgical tool left inside your body—a stark reminder of a procedure gone wrong. This scenario, known as a retained surgical item (RSI), is more common than you might think and can have devastating consequences for patients.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we’ve seen firsthand the physical, emotional, and financial toll that retained surgical items can take on individuals and their families. If you or a loved one has experienced complications after surgery, particularly unexplained pain or infections, you may be a victim of this serious form of medical malpractice. Our experienced medical malpractice attorneys are here to help you understand your rights and fight for compensation.
The Scope of the Problem
Retained surgical items are not just plot devices in medical dramas — they’re a real and pressing issue in operating rooms across the country. According to a study published in the Patient Safety Network, RSIs occur in about 1 in every 5,500 surgeries. While this may seem rare, it translates to thousands of cases each year in the United States alone.
The most common items left behind include:
- Surgical sponges (accounting for more than two-thirds of cases)
- Needles
- Surgical instruments
- Retractors
- Electrosurgical adapters
These incidents occur most frequently in surgeries involving the abdomen, chest, and pelvic area. Emergency surgeries and procedures that deviate from the planned course are particularly high risk for RSIs.
The consequences of these errors can be severe. Patients may experience chronic pain, infections, organ damage, and in some cases, life-threatening complications. Moreover, the discovery of an RSI often necessitates additional surgeries, prolonged hospital stays, and extensive medical treatment—all of which can lead to significant financial burden and emotional distress.
At Dolan Dobrinsky Rosenblum Bluestein, LLP we believe that no patient should have to suffer due to such preventable errors. If you suspect that you or a family member has been affected by a retained surgical item, our medical malpractice lawyers are prepared to investigate your case, and hold negligent parties accountable.
Main Causes of Retained Surgical Items in Florida
You might wonder how such a serious error can occur in modern hospitals. The truth is, that several factors can contribute to RSIs:
- Human error: Even the most skilled medical professionals can make mistakes, especially during long, complex surgeries.
- Communication breakdowns: Poor communication among surgical team members can lead to misunderstandings about which items have been removed.
- Inadequate counting procedures: Rushed or incomplete instrument counts before closing a surgical site can result in overlooked items.
- Emergency situations: In life-threatening scenarios, the urgency to save a patient’s life may inadvertently lead to oversight.
- Fatigue: Long shifts and demanding schedules can impair a medical professional’s judgment and attention to detail.
Understanding these causes is crucial not only for prevention but also for establishing negligence in a medical malpractice case.
Consequences of RSIs for Patients
The impact of a retained surgical item extends far beyond the operating room. Victims of this medical malpractice cases in Florida, often face:
- Severe pain and discomfort
- Infections and abscesses
- Organ damage or perforation
- Additional surgeries to remove the item
- Extended hospital stays and recovery periods
- Emotional trauma and anxiety about medical procedures
- Lost wages and potential long-term disability
Victims usually need a medical malpractice lawyer to recover financially to regain their peace of mind and quality of life.
Legal Implications of RSIs
If you’ve been a victim of an RSI, you have legal rights in Miami or throughout Florida. Here’s what you need to know:
- Negligence: RSI cases typically fall under medical negligence. We must prove that the medical team’s actions fell below the accepted standard of care.
- Statute of limitations: In Florida, you generally have two years from the discovery of the injury to file a medical malpractice lawsuit. However, this can be complex in RSI cases, which is why prompt legal consultation is crucial.
- Potential defendants: Depending on the circumstances, liable parties may include surgeons, nurses, anesthesiologists, and even the hospital itself.
- Recoverable damages: You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.
Our experienced medical malpractice attorneys know how to build a strong case on your behalf.
How to Prevent RSIs in Florida
While addressing the aftermath of retained surgical items is crucial, preventing these incidents in the first place is equally important. Healthcare institutions and medical professionals in Florida can implement several strategies to reduce the risk of RSIs:
- Improved surgical counting protocols:
- Implementing standardized, rigorous counting procedures before and after surgeries
- Using whiteboards or electronic displays in operating rooms to track instrument and supply counts
- Performing multiple counts at different stages of the surgery
- Technological solutions:
- Utilizing radiofrequency identification (RFID) tags on surgical items for automated tracking
- Implementing barcode scanning systems for surgical supplies
- Using computer-assisted counting systems to complement manual counts
- Enhanced team communication:
- Instituting mandatory “timeouts” before closing surgical sites to verify all items are accounted for
- Encouraging open communication among all team members to report discrepancies without fear of reprisal
- Implementing structured handoff procedures when staff changes during lengthy surgeries
- Systematic reviews and audits:
- Regularly reviewing and updating RSI prevention protocols
- Conducting periodic audits to ensure compliance with established procedures
- Analyzing near-misses and actual incidents to identify areas for improvement
Contact Miami Personal Injury Attorney
Retained surgical items are a serious but preventable form of medical malpractice. If you or a loved one has suffered due to an RSI in Miami, or throughout Florida, remember: you have options.
Don’t let the burden of medical bills, lost wages, and pain and suffering overwhelm you. At Dolan Dobrinsky Rosenblum Bluestein, LLP, we’re here to fight for your rights and the compensation you deserve.Take the first step towards justice and recovery. Contact our medical malpractice attorney today at 305-371-2692 or visit our website to schedule your free consultation. Let us handle the legal complexities while you focus on healing.