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Surgical instrument left in body medical malpractice in Chicago
When you undergo surgery, you trust your medical team will protect your health and safety. Unfortunately, mistakes can happen—even devastating ones like a surgical instrument being left inside your body. This is a prime example of medical malpractice in Chicago, Illinois, and it can lead to severe injuries, infections, and emotional trauma. If you or a loved one have experienced this kind of negligence, understanding your legal rights and your options for recovery is crucial. At Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers, we are committed to helping victims hold hospitals and medical professionals accountable.
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What Is Surgical Instrument Left in Body Medical Malpractice?
Surgical instrument left in body cases, also known as retained surgical items (RSIs), occur when a surgeon or surgical team inadvertently leaves a foreign object—such as sponges, clamps, forceps, or even needles—inside a patient’s body after surgery. This is not a rare, one-in-a-million scenario. According to studies, hundreds of such incidents are reported each year in the United States, with many more suspected to go unreported.
Imagine waking up after surgery only to be plagued by unexplained pain, fevers, or swelling. Sometimes, these symptoms don’t appear until months or even years later. The consequence? Additional surgeries, extended hospital stays, chronic pain, or life-threatening infections. In Chicago and throughout Illinois, this is considered a clear case of medical malpractice. Medical teams owe every patient a duty of care—when they violate this duty by leaving instruments behind, they can and should be held responsible.
Common Causes of Retained Surgical Instruments
How does something so serious as leaving a sponge or clamp inside a patient happen? Shockingly, it’s often a result of routine lapses in procedure. Most operating rooms require rigorous counts of surgical supplies before, during, and after a procedure. When staff are overworked, distracted, or insufficiently trained, these counts may be rushed or skipped. Emergencies can also create chaotic environments where protocols are overlooked.
In some cases, fatigue or miscommunication between team members leads to mistakes. For example, if a surgery takes longer than anticipated or involves unexpected complications, the stress may cause team members to lose focus. Hospitals and surgical centers in Chicago are expected to maintain and enforce strict safety protocols, but human error still occurs. Unfortunately, it is the patient who suffers the consequences of these avoidable errors.
Illinois Law and Proving Medical Malpractice
Illinois law recognizes the seriousness of medical mistakes like RSIs. Under Illinois malpractice statutes, victims have the right to seek compensation for injuries caused by surgical negligence. To succeed in a lawsuit, you must generally prove several elements:
- The hospital or healthcare provider owed you a duty of care
- There was a breach of that duty (the instrument was left behind)
- You suffered harm as a direct result of that breach.
Illinois specifically recognizes the “res ipsa loquitur” doctrine in these cases, which means “the thing speaks for itself.” In other words, leaving a surgical instrument inside a patient is so obviously negligent that the mere occurrence is strong evidence of malpractice.
However, the law also requires specific steps: you’ll need to file an affidavit and a written report from a qualified health professional confirming the malpractice. These documents are crucial, and a missed deadline can threaten your entire claim. Consulting with a knowledgeable Chicago medical malpractice lawyer ensures that every requirement is met and your rights are protected.
The Impact of Retained Surgical Instruments on Patients
Living with a surgical instrument left inside your body is not just a medical issue—it’s a profound violation of trust. Many patients endure months or years of unexplained pain, repeated doctor visits, and even accusations of hypochondria before the cause is discovered. The physical consequences can range from minor discomfort to catastrophic infection, organ damage, or death. Some patients require multiple additional surgeries to remove the object and repair the resulting harm.
Emotionally, victims may experience anxiety, depression, and a deep sense of betrayal. The financial toll can be equally severe: extended hospitalizations, lost income from missed work, long-term health problems, and overwhelming medical bills. If you are facing this ordeal in Illinois, you need an advocate who will fight for the compensation and justice you deserve. Consider reaching out to a medical malpractice lawyer who can help you assess your options and pursue a successful claim.
What to Do If You Suspect a Surgical Instrument Was Left in Your Body
If you believe that a surgical instrument may have been left inside you or a loved one after surgery, act quickly. The statute of limitations in Illinois gives you only a limited window to file a claim—generally two years from the date you knew or should have known about the injury, but no more than four years after the operation. For some individuals, such as minors or those under legal disabilities, slightly different rules may apply.
Here’s what you should do:
- Seek immediate medical attention. Diagnostic imaging, such as X-rays or CT scans, can often identify retained objects.
- Gather all your medical records related to the surgery and subsequent care.
- Document your symptoms, medical visits, expenses, and any impacts on your daily life.
- Contact a medical malpractice attorney as soon as possible. An attorney can guide you through the legal process, ensure critical evidence is preserved, and help you meet all filing deadlines.
Having the right legal team can make the difference between a successful recovery and a missed opportunity. At Briskman Briskman & Greenberg, we understand the complexities of these claims and stand ready to support you every step of the way.
How a Chicago Personal Injury Lawyer Can Help
Pursuing a malpractice claim after a surgical instrument is left in your body is not something you should do alone. The hospital or surgeon’s insurance company will often fight hard to minimize your compensation or deny responsibility. A Chicago personal injury lawyer from our firm can level the playing field.
We start by thoroughly investigating your case—collecting evidence, consulting medical professionals, and securing the expert opinions needed to support your claim. We handle all communications with insurers and work on your behalf to negotiate a fair settlement. If necessary, we are prepared to take your case to court to secure the justice and compensation you need for your recovery.
Our team is dedicated to helping clients throughout Chicago and Illinois. Whether your case involves a major metropolitan hospital or a suburban surgical center, you deserve answers and accountability. With our compassionate, client-focused approach, we strive to make the legal process as smooth as possible so you can focus on healing.
FAQs About Surgical Instrument Left in Body Medical Malpractice in Chicago
What are common symptoms of a surgical instrument left in the body?
Symptoms can vary depending on the object and location, but common ones include persistent pain, swelling, infection, fever, or unusual discomfort in the surgical area. In some cases, there may be no symptoms until the object causes serious internal issues. If you experience unexplained symptoms after surgery, seek medical attention promptly.
How long do I have to file a medical malpractice lawsuit in Illinois?
Illinois law generally allows two years from the date you knew or should have known about the injury, but no more than four years after the date of the surgery. There are special rules for minors and people under certain disabilities. To protect your rights, consult with a medical malpractice lawyer in Belleville or your local area as soon as possible.
Can I still sue if I discover the mistake years after my surgery?
Possibly. Illinois law provides for a discovery rule, meaning the clock starts when you discover, or reasonably should have discovered, the problem. However, there are absolute deadlines (“statutes of repose”) that may bar claims after a certain number of years, regardless of when you discover the issue. Speak to a medical malpractice lawyer in Buffalo Grove to understand your options.
What compensation can I recover for surgical instrument malpractice?
Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, future medical care, and other damages. Each case is unique, and a medical malpractice lawyer in Champaign, IL can help determine the full value of your claim.
Other Surgical Errors Resources
- Poor postoperative care medical malpractice in Chicago
- Post-surgical infection medical malpractice in Chicago
- Anesthesia error medical malpractice in Chicago
- Organ perforation medical malpractice in Chicago
- Surgical instrument left in body medical malpractice in Chicago
- Wrong patient surgery medical malpractice in Chicago
- Wrong procedure medical malpractice in Chicago
- Wrong site surgery medical malpractice in Chicago
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