FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Compensation available for victims of retained surgical objects

Victims of retained surgical objects are generally eligible to recover compensation for their injuries in a medical malpractice lawsuit.

A recent study from the American College of Surgeons highlighted the problem of retained surgical objects in hospitals across the nation. Also known as left-behind items, retained surgical objects occur when a surgical item is left in the patient after the surgical site has been closed.

According to the study’s findings, this egregious type of surgical error occurs more often than you may think. The study found that left-behind surgical items occur up to 7,000 times each year. The study also indicated that an average American hospital sees this type of error at least twice each year.

The study also identified the type of surgical item that is left behind the most often-the surgical sponge. This item, measuring as little as two inches across, is used to soak up blood and other bodily fluids during surgical procedures. Since sponges are regularly used in tight spaces and become colored with blood during use, they can be hard to locate once the procedure is finished. Researchers also noted that left-behind sponges are more likely to happen during surgery in the thoracic cavity, or involving the pelvis or vagina. Once left behind, surgical sponges can quickly become breeding grounds for bacteria, which can develop into serious infections. In some cases, this can result in death.

To combat the problem, the study’s researchers called on every hospital to adopt certain technological solutions. Specifically, the researchers recommended radio radiofrequency technology (RF). RF can be used to reduce the risk of left-behind sponges by inserting a small chip in each sponge used in a procedure. Once the procedure is finished, a technician can waive a wand over the patient’s body to locate any missing sponges. According to the study, RF technology reduces the risk of left-behind items by 93 percent. This is significantly more effective than instrument counts or x-rays, which are prone to human error.

Speak to an attorney

Although RF technology is effective, it is also expensive. Because of this, many hospitals have opted not to use it. However, according to the study, RF technology would easily pay for itself. Researchers noted that left-behind items require patients to be readmitted to the hospital in 30 to 59 percent of cases, the high cost of which could largely be avoided by using RF.

Under New York law, you may be able to recover compensation for your pain and suffering and additional medical treatments, if you have been injured by a surgical error. If you are in this circumstance, it is important to immediately consult with an experienced medical malpractice attorney, as New York law requires you file a claim within 2.5 years in most cases. An attorney can investigate the facts surrounding your injury, determine whether surgical negligence played a role and work to obtain the best possible outcome for you.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader