Retained surgical sponge legal case

However, 45 mins into the case the attending surgeon realizes that he will not be able to safely complete the surgery laparoscopically and decides to convert to an open procedure. The defendants argued that the Fessendens failed to provide any evidence that the damages complained of were caused by the retained sponge.

Medical expenses after the incident Rehabilitation expenses Future earnings Pain and suffering Many of these damages will need to be carefully calculated by an experienced Richmond medical malpractice lawyer. Lincourt et al replicated the above study by performing a case-control analysis involving retrospective review of medical records from a single institution over a ten-year period January — December Clinical presentation is varied, leading to avoidable morbidity, and the error is indefensible medicolegally.

We are not privy to what goes on in an operating room during surgery, but we place our complete trust in the Retained surgical sponge legal case of doctors and nurses who oversee the extensive surgery.

Case Reports in Medicine

For example, in head and neck surgery cases. Table 1 Risk factors for retained foreign objects identified across two retrospective case-control studies Study Risk factors for retained swabs and instruments p-value.

Surgical sponges can migrates trans-mural and cause symptoms due to luminal obstruction or bowel perforation as seen in our patient. Computer assisted counting of sponges using barcodes and gauze sponges tagged with a radiofrequency identification device aiding manual counting have been trialled recently, with success.

The fact that an object was left in a space where it does not belong becomes indefensible. According to the U.

Retained Surgical Sponges: A Black Mark Against Whiteboards

When there is evidence of acute abdomen the decision to do laparatomy is easy but all attempts should be made to diagnose the conditions as early as possible by clinical evaluation and exhaust all available investigations.

Also, marking is not required in the following cases: Segment of the ileum containing the perforation sites and the FB resected. In a retained sponge case, Superior Court holds that res ipsa loquitur does not require a plaintiff to present direct evidence that the defendant's conduct was the proximate cause of the plaintiff's injury.

Retained surgical sponges, needles and instruments

They had instances when the surgical checklist was improperly used, instances of hasty implementation of the checklists because of pressure from surgeons and anesthesiologist.

The American College of Surgeons believes that in addition to faulty care processes occurring in the operating room, poor communication among the perioperative staff plays a causative role in the occurrence of surgical errors.

Unfortunately, sometimes an object is left within a patient regardless of the amount of care that is exercised. Fessenden's alleged injuries to the retained sponge, the defendants filed a motion for summary judgment. For a surgical fire to occur there are three necessary components; an oxidizer, an ignition source and fuel.

Fessenden and was never removed.

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In many cases, a retained sponge does not cause any actual harm to the patient, and the alleged damages are simply the result of the patient's bad health or other comorbidities. The best defense we have for preventing retained surgical items is the surgical count. Bibliographies of selected articles were further searched manually for studies that were missed in the initial electronic search.

Predisposing risk factors The risk factors leading to RSI after surgery have been elucidated by two observational studies. Most of the checklist process is focused on patient identification and preparation for the procedure. It has been clearly shown that more retained surgical items cases occur in standard elective surgical procedures.

Potential fuel sources are innumerable, but some include the endotracheal tube, the head rest, sponges, drapes, hair, fat and gastrointestinal gases.

In the lumen of the small bowel FBs can cause either chronic small bowel obstruction or acute on chronic obstruction. The court ignored the causation argument upon which the trial court based its decision. In essence, one can argue that the Superior Court's opinion removes a plaintiff's burden of proving negligence and causation in cases pertaining to retained surgical instruments and sponges.

If the item still cannot be found, the next step is an intraoperative radiograph prior to the final closure of the body cavity being operated on.

Before the reversal of anesthesia, the radiologist should communicate the results of the film to the responsible surgeon and confirm that the entire surgical field has been imaged. Discussion for Case 1: This word comes from the Latin word for cotton, gossypium, combined with the Swahili word for place of concealment, boma.

Only time will tell whether the Superior Court's ruling in Fessenden v. At the end of the surgery vital signs stabilized. The overall goal was to create a database for the development and implementation of safer multidisciplinary practices in the surgical setting.

Physical examination revealed hypotension, tachycardia, and fever. Consequences[ edit ] Dangers of a tool or sponge left behind range anywhere from harmless to life-threatening. Contact us to schedule your free initial consultation.Retained surgical sponge events continue to occur despite the implementation of preventive surgical count policies, procedures, and adjunct technologies to manual counting.

Such intraoperative mistakes can cause chronic nonspecific symptoms during the early postoperative period. A case of a retained surgical sponge found in the retroperitoneum is presented with findings on magnetic resonance (MR) imaging, computed tomography (CT), ultrasonography (US) and angiography.

Any patient who has a retained surgical sponge, surgical towel, surgical gauze or surgical pad can develop an abdominal infection, abscess or sepsis which is an overwhelming, and potentially deadly, infection throughout the entire body.

A new report warns nearly people have had surgical instruments left in them following a procedure sinceputting them at risk for serious harm. tained surgical sponge or instrument filed between and with a large mal- the legal and medical records associated with these cases to select those in which records confirmed Risk Factors for Retained Instruments and Sponges.

The Retained Surgical Sponge

Sponge ACCOUNTING requires the structural elements of a wall-mounted dry erase board in every procedure room or OR and the use of plastic han ging blue-backed sponge holders which can be purchased from any medical distributor.

The surgical counts are entered on the dry-erase boards in a standardized format that is the same in every OR or L&D room throughout the suite.

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Retained surgical sponge legal case
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