Does Virginia law have any extension of the statute of limitations in situations where a patient finds out that they have a surgical tool, sponge, or towel left inside their body well after a surgery occurred? If the device was left inside a patient for non-medical purposes, for instance, the surgical team left a sponge behind when they didn’t mean to, then that extends the medical malpractice statute of limitations for one year from when the patient discovers that that item was left behind.
Shapiro Washburn & Sharp has decades of experience of successfully representing clients injured by surgical errors caused by medical negligence. If you believe you’ve been a victim of medical malpractice, call our office at 833-997-1774 to schedule a free consultation to learn more about your legal rights and options for seeking justice and maximum compensation.
Why Do Surgeons Leave Objects Inside Patients?
Surgeons leaving objects inside patients after surgery, also known as “retained surgical items” or “foreign bodies,” is a serious medical error that can have devastating consequences for patients. While the occurrence of such incidents is low, it remains a concerning issue in the healthcare industry. Understanding the reasons why surgeons may inadvertently leave objects inside patients is essential for preventing these incidents in the future. Several factors contribute to this medical error.
Surgical Complexity and Distractions
Surgical procedures can be highly complex, involving numerous instruments, sponges, and other equipment. Surgeons and their team members may become distracted or overwhelmed during a complex operation, leading to instrument oversight or miscounting. High-stress situations, emergency surgeries, or unexpected complications during a procedure can exacerbate distractions and increase the likelihood of errors.
Inadequate Communication and Teamwork
Effective communication and teamwork among surgical team members are crucial for preventing retained surgical items. Communication breakdowns, misunderstandings, or a lack of clear protocols for counting and tracking surgical instruments can contribute to errors. In some cases, changes in the surgical plan or unexpected events may not be communicated, affecting the count of instruments used during the procedure.
Inaccurate Counting Procedures
Surgical teams typically employ manual counting procedures to keep track of instruments and sponges used during a procedure. However, manual counting methods are prone to human error. Count discrepancies can occur due to distractions, interruptions, fatigue, or inadequate training in counting techniques. Using outdated or ineffective counting protocols may also contribute to inaccuracies in the surgical count.
Instruments Blending into Anatomy
Some surgical instruments, such as small sponges or needles, may inadvertently blend into the surrounding anatomy during a procedure. In complex surgical fields or areas with abundant tissue, it can be challenging for surgeons to visually identify every instrument used. This can increase the risk of leaving items behind unintentionally, especially if they are not detected during the final sponge and instrument count.
Lack of Standardized Procedures and Technology
Variations in surgical protocols and practices across healthcare facilities can contribute to inconsistencies in preventing retained surgical items. Standardized procedures for counting and tracking surgical instruments may not be universally implemented or enforced. The lack of technological solutions, such as barcode scanning systems or radiofrequency identification (RFID) technology, to aid in instrument tracking and inventory management can also hinder efforts to prevent errors.
Fatigue and Burnout
Surgeons and surgical team members may experience fatigue or burnout due to long hours, demanding workloads, and the emotional toll of caring for patients. Fatigue can impair cognitive function and decision-making abilities, increasing the risk of errors during surgery. Addressing fatigue-related issues and promoting physician well-being is essential for mitigating the risk of medical errors, including retained surgical items.
Time Pressure and Efficiency Demands
In some cases, there may be pressure to complete surgical procedures quickly and efficiently, leading to shortcuts or oversight in the counting and retrieving surgical instruments. Surgeons and their teams may feel rushed to finish a procedure, especially in busy operating rooms or when facing scheduling constraints. This can compromise thoroughness and attention to detail, increasing the risk of retained surgical items.
Human Error and Fallibility
Despite rigorous training and experience, surgeons and healthcare professionals are not immune to human error. Mistakes can occur due to lapses in attention, memory, or judgment, particularly in high-pressure environments such as the operating room. While efforts are made to minimize errors through training, protocols, and quality improvement initiatives, human fallibility remains a challenge in healthcare delivery.
Why Is Legal Representation Critical in a Virginia Malpractice Lawsuit?
Virginia’s malpractice laws are highly specific and require careful navigation of procedural rules and evidence requirements. A skilled attorney understands the complexities of the certification process, the standard of care, and the burden of proof needed to win your case.
Your attorney will guide you through every step, from finding a qualified medical expert to negotiating with insurance companies or presenting your case in court. With their expertise, you can focus on your recovery while they work to secure the compensation you deserve.
Contact Shapiro, Washburn & Sharp at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.