This guide will examine who could be eligible to make a medical negligence claim for a retained foreign object post-procedure. An instance such as this can be considered surgical negligence, a form of medical negligence. It’s when an object, possibly a surgical instrument, is accidentally left inside the patient following a procedure.
There’s also information regarding what harm a retained foreign object could cause and what action you could take after the event. Additionally, you can read about how compensation for a medical negligence claim is calculated.
If you have any questions or need additional information, feel free to reach out to our advisors at any time of the day or night. They can also inform you of the benefits of working with one of our No Win No Fee solicitors to assist you with your claim.
Retained Foreign Object Medical Negligence Claims Guide
Read on for more information, including our contact details – which you’ll find below:
- Call us on 0800 073 8804
- Talk to us about your claim online
- Chat with us using the pop-up chat window
Select A Section
- How To Claim For A Retained Foreign Object
- What Harm Could A Retained Surgical Item Cause?
- What Evidence Would I Need To Claim For A Retained Foreign Object?
- How Much Could You Claim For Surgical Negligence?
- Talk To Us About No Win No Fee Medical Negligence Claims
- Learn More About Retained Foreign Object Claims
How To Claim For A Retained Foreign Object
In order to make a clinical negligence claim, certain criteria need to be met. Otherwise, your claim will not be valid. A duty of care is something that a surgeon owes to all of their patients. It means that surgeons must provide their patients with a service of reasonable skill and care. So, if you were in the care of a surgeon, they would have owed you this duty. It is when this duty is not adhered to and leads to harm or injury that a medical negligence claim is possible.
Therefore, to hold a valid medical negligence claim, it is important that you satisfy the below criteria:
- A medical professional or hospital owes you a duty of care
- They breached this duty through actions or omissions
- This meant that you suffered avoidably.
In some cases, the presence of a retained foreign object is an example of a surgical never event. Very often, these foreign bodies will need to be removed surgically, which means further injury to the patient.
Time Limits To Make A Claim
A medical negligence claim needs to adhere to the time limits found in the Limitation Act 1980. This means the legal proceedings must be initiated in the court generally within 3 years. The starting point could be the date the foreign object was left inside your body or the date you discovered the medical negligence.
However, there are exceptions that can allow you to begin a claim later than 3 years. To find out more about the time limits when claiming due to a surgical error, get in touch with our advisors today.
What Harm Could A Retained Surgical Item Cause?
Retained surgical items can cause a variety of internal injuries, depending on their size and other factors. In this section, we’ve provided a few examples of the damage that a retained foreign object could do.
The list is not exhaustive:
- Internal bleeding – If the foreign object is sharp, such as a surgical scalpel, there is a higher risk of certain organs and veins being perforated.
- Obstructions – Items such as gauze and surgical tape could be left inside the patient after a bowel procedure.
- Pain – Even if the retained foreign object does not physically injure you, it will still need to be removed with what could be unnecessary surgery.
- Infection/illness – Infections due to the presence of the object.
- Death – Some extreme cases could result in a wrongful death.
If you’re still wondering, “What is a retained foreign object?” and wish to know more about whether you could claim, get in touch with our advisors.
What Evidence Would I Need To Claim For A Retained Foreign Object?
You need to gather and present evidence when making a surgical negligence claim.
Medical records – your medical records can be very useful. These will have details regarding the retained foreign object and the actions needed to rectify this.
Images or photographs – you may want to take images of any additional scarring that resulted from the removal of the foreign object.
Witness contact details – note down the contact details of anyone who attended the hospital with you or was there when you received the news about the retained foreign object. A statement may be needed later on.
A diary – to record the effects that the foreign object had on you and your physical and mental health
In addition to these, you will be invited to attend an independent medical assessment as part of your claim. The medical professional who examines you will not be affiliated with the original incident. They will compile a report that can be used when it comes to valuing your claim.
Also, your circumstances may be subject to the Bolam test. This will be arranged for you, but it is where a group of relevantly trained professionals assess the standard of care you received to see if the medical professional was negligent.
When making a claim, we also advise that you seek legal advice. Having an expert solicitor by your side throughout can be an invaluable asset.
How Much Could You Claim For Surgical Negligence?
Every claim is different. This is because the level of pain and suffering experienced and the financial losses brought about are different for each claimant. If your medical negligence claim is successful for a retained foreign object, you will be awarded a settlement that consists of up to two Heads of Loss. Firstly, we have general damages that will compensate for the harm caused.
When calculating the general damages head of a claim, the report from the independent medical assessment will be used alongside a publication called the Judicial College Guidelines (JCG), which consists of compensation guideline brackets based on past court cases that had success.
Example JCG Entries
We’ve included some figures from the JCG in the table below. They are to be used only as a guide. The value of your own claim will depend on your circumstances.
| Harm Caused | Severity | Notes | Compensation Bracket |
|---|---|---|---|
| Kidney | Serious | (a) Permanent damage to both kidneys. This bracket also covers the loss of both kidneys. | £169,400 to £210,400 |
| Kidney | Significant | (b) The urinary tract is at risk of infection in the future. Or, natural kidney function will be totally lost. | Up to £63,980 |
| Kidney | Loss | (c) One kidney will be lost, but the other has sustained no damaged. | £30,770 to £44,880 |
| Bowels | Loss of function | (a) Along with the loss of uninary control and function. Other medical complications will be caused too. | Up to £184,200 |
| Bowels | Severe | (d) An injury to the abdomen that cuases impaired function. | £44,590 to £69,730 |
| Bladder | Complete loss | (b) Control and function is completely lost. | Up to £140,660 |
| Bladder | Serious | (c) Control is impaired. The claimant will suffer from pain and some incontinence. | £63,980 to £79,930 |
| Spleen | Total loss | (a) The organ is lost, and so the risk of internal infection is continuous. | £20,800 to £26,290 |
Examples Of Special Damages For Claims Involving A Retained Foreign Object
Some claimants can be eligible to receive another payment, called special damages. This is a second head of claim. It can account for the financial impact of the harm you’ve experienced.
For example, you could be reimbursed for:
- Medical expenses.
- Loss of earnings.
- Travel costs.
- Care at home.
For a full valuation of your claim for a retained foreign object or other forms of surgery gone wrong, reach out to our advisors today.
Talk To Us About No Win No Fee Medical Negligence Claims
There is a form of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). All our solicitors operate with a CFA in place. This means you have full access to their legal services without the need to pay them anything upfront.
If your claim is successful, your solicitor then takes a success fee from your compensation. However, the majority of your compensation is always protected, as the percentage they are permitted to take is capped by law. A success fee is not taken if your claim fails.
How To Get In Contact With Our Team
You are welcome to get in touch with our advisors on a 24/7 basis. It’s free to do so, and there is also no charge for the advice we offer. If we think your claim could be valid, then we could also connect you with one of our No Win No Fee solicitors to assist you with beginning the claims process.
- Call us on 0800 073 8804
- Talk to us about your claim online
- Chat with us using the pop-up chat window
Learn More About Retained Foreign Object Claims
The links below will take you to extra resources you may also find helpful.
More from us:
- Medical negligence FAQs – Answers to some of the questions we’re asked most often regarding medical negligence in general.
- Hospital negligence claims – Another of our helpful guides.
- Paralysis medical negligence claims – Read our article on this subject.
Information from other sources:
- Pre-Action Protocol for the Resolution of Clinical Disputes – Government information.
- Making a complaint about a surgeon – Information on this subject.
- Litigation friends – Some scenarios involve a claimant who is unable to make their own claim. Read about appointing someone to do so on their behalf.
Thank you for reading our guide on how to claim for a retained foreign object post-procedure.
