Left Behind in Surgery: A Preventable Medical Error

4 min read time
Headshot of Scott Noecker, an Orlando-based medical malpractice and negligence lawyer at Morgan & Morgan Reviewed by Scott Noecker, Attorney at Morgan & Morgan, on August 11, 2025.
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Surgery is stressful enough on its own. The last thing you should have to worry about is that something was left inside your body. But unfortunately, that happens more often than most people realize.

In some cases, surgical teams close an incision without realizing they’ve left behind a sponge, tool, or even a piece of gauze. According to one report, 58% of retained surgical item cases in California between 2007 and 2011 involved surgical sponges or towels.

If this happened to you, you may have the right to take legal action. These mistakes can cause serious complications, and you shouldn’t be the one to pay the price.

 

What Are Retained Surgical Items?

Retained surgical items are objects that surgeons accidentally leave inside a patient’s body after an operation, items that should have been removed before the incision was closed. These can range from tools to sponges to fragments of broken equipment.

Some of the most commonly reported retained items include:

  • Surgical sponges or gauze
  • Scalpels, scissors, clamps, or forceps
  • Needles or broken needle tips
  • Suction tips, catheters, or guide wires
  • Pieces of broken surgical instruments

These foreign objects don’t just sit harmlessly. They can trigger infections, cause severe internal damage, and result in ongoing pain or complications that may not surface until days, weeks, or even months later.

 

Why These Mistakes Happen

Retained surgical items typically result from a breakdown in the safety protocols designed to prevent them. In most operating rooms, surgical tools and sponges are counted multiple times, before, during, and after a procedure. These steps are meant to ensure that nothing is accidentally left behind.

But when surgeries become chaotic, especially in emergencies or during lengthy, high-pressure procedures, those critical steps can be rushed or skipped.

Some common contributing factors include:

  • Poor communication between surgeons, nurses, and surgical techs
  • Incomplete or inaccurate instrument counts
  • Fatigue, distractions, or lapses in concentration
  • Difficult operating conditions or limited visibility in the surgical field
  • Overreliance on memory instead of double-checking protocols

Still, none of these factors excuses what happened. Hospitals and surgical teams are expected to adhere to strict safety standards at all times. When they fail to do so, and a patient is harmed as a result, that failure may amount to medical malpractice.

 

Common Signs of a Retained Surgical Item

Sometimes, the signs are immediate. At other times, patients may go weeks, months, or even years before discovering that something was left behind during surgery. That’s what makes retained surgical items especially dangerous; they often go unnoticed until serious complications arise.

Watch for symptoms like:

  • Sudden or worsening pain near the surgical site
  • Redness, swelling, or signs of infection
  • Fever, chills, or unexplained illness
  • Bleeding or persistent digestive issues
  • Incisions that won’t heal or reopen unexpectedly
  • A noticeable lump or mass under the skin

Often, these symptoms are brushed off as “normal” post-op issues until they aren’t. In many cases, the truth only comes to light after an X-ray, CT scan, or exploratory surgery reveals the foreign object that no one expected to find.

 

You Have the Right to Seek Answers

In medicine, retained surgical items are classified as “never events” because they’re so serious and so preventable that they should never happen under any circumstances. If it happened to you, you likely have strong grounds for a medical malpractice claim.

An experienced attorney can help build a case that meets the legal requirements, including proving that:

  • The provider had a duty of care to perform the procedure safely
  • That duty was breached when an object was left inside your body
  • That breach directly caused you harm
  • You suffered measurable damages as a result

 

If successful, your claim may entitle you to compensation for:

  • Medical costs, including procedures to remove the item
  • Pain and suffering due to infection, injury, or prolonged recovery
  • Lost wages and reduced earning potential
  • Long-term health complications or disability
  • Emotional distress or psychological trauma
  • Punitive damages, in cases of gross negligence or attempted cover-up

Taking legal action isn’t just about compensation; it’s about holding negligent providers accountable and helping prevent the same mistake from harming someone else.

 

You Don’t Deserve the Pain of a Surgical Team’s Mistake

Surgery is meant to bring healing, not new harm. When a medical team leaves something behind, it’s more than an oversight; it’s a serious breach of the trust and standard of care you were promised.

If you’re suffering because of a retained surgical item, you have the right to demand accountability. At Morgan and Morgan, the nation’s largest injury firm, we offer free case reviews for individuals who’ve been injured due to someone else’s negligence.

Disclaimer
This website is meant for general information and not legal advice.

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