A surgeon who leaves surgical equipment inside the body is not guilty of a crime unless it was done deliberately and with an intention of causing harm.
However, they may have committed clinical negligence. This means the standard of care they provided may not have been as good as it should have.
Can you claim for foreign objects left behind during surgery?
Leaving a surgical instrument inside a patient is a serious medical incident that should never happen. If it happens to you, there is a strong chance you will be able to claim for medical negligence.
You can normally claim for:
- the cost of further surgery
- any equipment you require as a result
- loss of earnings
- the pain you have suffered
- emotional distress you have suffered
Making a claim after a surgical item is left inside your body
If an operation goes wrong and something is left inside you, you may be able to claim compensation for medical negligence. The success of your claim will depend on the circumstances and whether the medical care received was below a reasonable standard.
After consulting with a medical professional, you should consider getting advice from a clinical negligence solicitor. They can evaluate what happened and advise whether you have a legitimate claim.
In addition to advising how much you should claim, a clinical negligence solicitor can also guide you through the claim process.
At Devonshires Claims, our team of experienced clinical negligence solicitors have the expertise and knowledge necessary to help you make a successful claim for compensation, if you have a retained surgical instrument after surgery.
In addition to providing a free case evaluation, we can assist with collecting the evidence to build your case, and represent you in the claims process on a ‘no win no fee’ basis.