Understanding a Medical Malpractice Lawsuit for a Surgical Instrument Left Inside a Patient

The Collins Law Firm is proud to stand with Illinois patients who have suffered because of surgical negligence. When a doctor or surgical team leaves an instrument inside a patient’s body, it is not a “simple mistake” — it is a clear act of medical malpractice. These errors can lead to life-threatening infections, additional surgeries, and lifelong complications.

At The Collins Law Firm, our medical malpractice lawyers help victims and their families hold hospitals, surgeons, and healthcare providers accountable for preventable surgical errors — and we fight for the compensation they need to rebuild their lives.

How Surgical Instruments Get Left Inside Patients

Every year, thousands of surgical items — from sponges to scalpels — are mistakenly left inside patients after surgery. These are known as retained surgical foreign objects (RSFOs) or retained surgical items (RSIs).

The most common retained items include:

• Surgical sponges and gauze pads
  
• Clamps, scissors, and forceps
  
• Needles or broken instrument fragments
  
• Retractors or suction tips
  
• Surgical towels or small tubing pieces
  

Such errors typically occur because of:

• Inaccurate instrument counts during surgery
  
• Fatigue or poor communication among surgical staff
  
• Emergency operations performed under time pressure
  
• Inadequate use of tracking technology or checklists
  

These mistakes are entirely preventable when hospitals follow proper safety protocols. When they don’t, they can — and should — be held liable.

Why Leaving a Surgical Instrument Inside a Patient Is Considered Negligence

Under Illinois law, healthcare professionals have a duty of care to perform surgery safely and in accordance with accepted medical standards. Failing to remove all surgical tools before closing an incision violates that duty.

Courts and regulators treat retained object cases as “never events” — meaning they should never happen in a properly managed surgical environment.

Negligence may involve:

• Failure to verify surgical counts before closure
  
• Lack of supervision by the attending surgeon
  
• Incomplete handoff communication between surgical teams
  
• Poor hospital policies or failure to adopt tracking technologies (like bar-coded sponges)
  

When these preventable errors occur, victims have the right to seek justice through a medical malpractice lawsuit.

Common Symptoms and Complications

Retained surgical items can remain undiscovered for weeks, months, or even years after an operation. Many victims only learn of the mistake after experiencing severe and unexplained health issues.

Common symptoms include:

• Persistent pain or swelling at the surgical site
  
• Fever or recurring infections
  
• Digestive or breathing difficulties
  
• Internal bleeding
  
• Abscesses or sepsis
  
• Bowel obstructions or organ damage
  

Some patients require multiple corrective surgeries — each bringing new risks and additional costs.

If you suspect a surgical object was left inside your body, seek medical attention immediately, and contact The Collins Law Firm to discuss your legal options.

Proving Medical Negligence in Illinois

To succeed in a medical malpractice claim, your attorney must prove:

1. A duty of care existed. The hospital, surgeon, or staff owed you professional care during surgery.
   
2. A breach of that duty occurred. Leaving a foreign object inside a patient violates accepted medical standards.
   
3. Causation. The retained object directly caused your injury or medical complications.
   
4. Damages. You suffered measurable harm, including physical pain, medical bills, or loss of income.
   

Because surgical errors involve highly technical evidence, The Collins Law Firm works closely with medical experts — including surgeons, operating room nurses, and hospital administrators — to demonstrate where the system failed.

Who Can Be Held Liable

Multiple parties may share responsibility for a retained instrument, including:

• The operating surgeon, who is ultimately responsible for verifying that all items are removed.
  
• Surgical nurses or technicians, responsible for tracking and counting tools and sponges.
  
• Hospitals or surgical centers, which may be liable for inadequate policies, staffing shortages, or poor training.
  
• Medical device manufacturers, if equipment defects contribute to an instrument breaking or being overlooked.
  

The Collins Law Firm conducts a thorough investigation into every case — identifying all responsible parties to maximize your potential recovery.

Statute of Limitations for Medical Malpractice in Illinois

In most Illinois medical malpractice cases, victims have two years from the date they discovered (or reasonably should have discovered) the injury to file a lawsuit.

However, Illinois law recognizes that patients may not discover a retained surgical item immediately. Therefore:

• You have up to 10 years from the date of the surgery to file if the object was not discovered sooner.
  
• For minors, the statute extends until their 22nd birthday or eight years from the act, whichever comes first.
  

Because deadlines vary depending on circumstances, contacting The Collins Law Firm as soon as possible is critical to preserve your rights and evidence.

Compensation Available to Victims

Victims of retained surgical items often face long recoveries and permanent damage. Compensation in a medical malpractice case may include:

• Medical expenses: Corrective surgeries, hospital stays, and rehabilitation.
  
• Lost income: Missed work or reduced future earning capacity.
  
• Pain and suffering: Physical discomfort, emotional distress, and anxiety.
  
• Loss of normal life: Impact on daily activities and relationships.
  
• Punitive damages: In rare cases, when the conduct was especially reckless or egregious.
  

The Collins Law Firm ensures that settlements and verdicts reflect both the economic and human costs of surgical negligence.

How The Collins Law Firm Builds Your Case

Our personal injury attorneys follow a proven, meticulous process to hold hospitals and medical providers accountable. We:

1. Review all surgical and post-operative records for inconsistencies.
   
2. Consult medical experts to confirm breaches in standard care.
   
3. Analyze imaging studies that reveal the retained object.
   
4. Gather witness statements from operating room personnel.
   
5. File claims with insurers and pursue litigation when needed.
   

Our approach combines legal precision with compassion for the victims and families enduring these traumatic experiences.

The Human Cost of Surgical Negligence

For many victims, discovering that an instrument was left inside their body is a betrayal of trust. Patients place their lives in the hands of medical professionals — and when those professionals fail, the emotional and psychological consequences are just as real as the physical harm.

At The Collins Law Firm, we understand the anger, fear, and frustration that follow such negligence. We fight not only for compensation but also for accountability, to help prevent future patients from suffering the same harm.

Why Choose The Collins Law Firm

With decades of experience in Illinois medical malpractice and catastrophic injury cases, The Collins Law Firm combines the medical knowledge and trial experience needed to take on hospitals, insurers, and corporate healthcare systems.

We partner with leading medical experts, build cases grounded in science, and fight relentlessly for victims of medical error. Our commitment is to justice — and to ensuring no patient is silenced by powerful institutions.

Call The Collins Law Firm Today

If you or a loved one suffered complications from a surgical instrument left inside after an operation, don’t wait to take action.

Call The Collins Law Firm today to schedule your free consultation. Our attorneys will review your records, consult with medical experts, and explain your options for seeking justice and compensation.

Get justice. Contact The Collins Law Firm now.