Leaving medical equipment or other foreign material inside a patient unintentionally following surgery is considered a “Never Event” by the NHS. This means it should simply never occur. NHS Digital data showed it occurred a record of 291 times in 2021/2022. Surgical swabs were left in patients a total of 21 times during this period.
The body does not welcome foreign bodies and as such, these can often be a source of infection or even more significant issues. The vast proportion of foreign bodies left in patients tend to be surgical equipment such as swabs and gauzes, however, surgical tools such as scalpels and drill bits have also been recorded as items that have had to be removed during secondary surgical procedures.
There are checks and procedures in place for surgical teams to follow to prevent this occurring, however, if these have not taken place, then the failure to do so will be considered clinically negligent. The NHS is constantly improving these processes in order to prevent future occurrence but despite this the number of cases is rising.
There are rare circumstances where all reasonable steps have been taken to retrieve a foreign body and to persist with the removal may lead to more damage. If it is considered clinically safer to leave the foreign body in place than attempt to retrieve it, then a surgeon may decide to leave the foreign body in place but this is only in limited circumstances. The key distinction is the awareness of the foreign body and the decision to leave it in place.
Incidents such as this not only occur in hospital, as retained foreign bodies are often an issue in dentistry also. It is not uncommon for fragments of equipment to be left inside teeth during treatment such as files during root canals procedure, which can often lead to issues at a later date and the requirement for revision treatment.
Richard Malloy, Head of Medical Negligence at Gregory Abrams Davidson Solicitors commented that we have first-hand experience of representing clients who have suffered injury as a result of retained products following surgery. One such case involved a young woman who required additional surgery due to retained swabs following a caesarean section. If you have been affected by such an incident you should not hesitate to contact our Medical Negligence new enquiries team on 0151 733 3353, email info@gadlegal.co.uk or search GAD legal and complete our online enquiry form.
At Gregory Abrams Davidson Solicitors we deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton and Golders Green, London.We offer a free initial case assessment and No Win No Fee Funding is available.
