Retained Objects from Surgery
A shocking but common surgical error is to leave foreign objects like sponges, needles, and even surgical instruments inside the patient.
Obviously, this is an inexcusable surgical mistake that puts a patient's life in danger and leads to additional procedures and expense.
A dedicated surgical injury lawyer like Josh Silverman in Richmond, VA, can help victims achieve justice after this kind of error...
Why You Should Hire Our Law Firm after a Surgical Error
You Were Put in Danger
When you decided to have a surgical procedure, you trusted that your surgeon would operate professionally and follow standard safety protocols. Instead, your doctors acted negligently by leaving a foreign object in your body, putting you at risk of significant injury or death. This is considered by virtually every medical association in the world to be an inexcusable mistake.
You Are Owed Compensation
In all likelihood, your original surgery was costly. Now, because of medical malpractice, you will require additional treatment to prevent injury and remove the foreign object from your body. You shouldn't have to pay the bill for a medical professional's negligence. You are owed compensation for your medical expenses, pain and suffering, lost wages, and every injury that resulted from this negligence.
We Can Help
Silverman Law Firm, LC, protects the rights of personal injury and medical malpractice victims in the greater Richmond, VA, area. Our lead attorney, Josh Silverman, has practiced law in Virginia for over 20 years. During that time, he has recovered millions of dollars in settlements and verdicts for his clients, including a settlement of more than $750,000 in a retained objects case. If you have suffered an injury because of a surgical mistake, we will fight tirelessly for justice on your behalf.
We Are Highly Recommended by Past Clients
Joshua Silverman and Sophia Sam are the most helpful, courteous hard working people guaranteed to get you great results. The entire staff treats you as family not JUST A CUSTOMER. The most outstanding service I've ever had from an attorney and paralegal ever. I recommend the joshua Silverman law firm to everyone. I will definitely use them again.
I highly recommend Josh Silverman for any personal injury, medical negligence or nursing home abuse case. He is extremely detailed in his approach to every case and driven to maximize the outcome for his client. Josh will give you an honest assessment of the merits of your case to avoid fruitless effort and financial burden.
Let Us Take a Look at Your Case Schedule a Free Consultation
We are happy to offer medical malpractice victims initial consultations totally free of charge. If you or someone you love has been harmed by a doctor's negligence, meet with our attorneys to find out how we can help you recover the compensation you need to put your life back together.
You can request your free consultation with the Silverman Law Firm, LC, in Richmond, VA, by filling out our online form or calling our office at
Don't Delay! Time Is Limited
In Virginia, there is a two-year statute of limitations for retained objects cases. That means if you wait longer than two years after your procedure, you will not be able to file a medical malpractice lawsuit.
If you do not learn that a foreign object was left in your body until more than two years after your surgical procedure, you have one year from the time you discover the mistake to file a lawsuit.
A Closer Look at the Basics of "Retained Surgical Bodies"
Foreign objects left in the body after a procedure are often referred to as "retained surgical bodies." It is important to remember that although the legal term is "retained," we are really talking about "forgotten" or inexcusably "abandoned" foreign objects. In fact, Medicare considers this form of malpractice a "never event," meaning there is no way it should ever occur if a medical staff operates properly.
Foreign objects left in the body can lead to life-threatening infections, bowel perforations, organ damage, severe pain, other injuries, and death. Even in the best case, the patient is subjected to the physical and emotional tolls of further operations, the risks of anesthesia errors, hospitalization, unsightly scars, and medical expenses.
These cases require a thorough understanding of operating room procedures and the various roles of the surgeons and surgical nurses. Richmond medical malpractice attorney Josh Silverman has successfully handled many cases involving retained surgical bodies. Examples include sponges forgotten during gallbladder removal surgery, a hysterectomy, and c-sections.
How often does this kind of surgical error occur?
This Type of Malpractice Is Not as Rare as It Should Be
Looking for an Attorney? Three Reasons to Choose the Silverman Law Firm
A Focused Attorney
Bigger law firms may handle hundreds of clients at once in a wide range of legal practice areas, but our lawyers are intentionally selective about the cases we take on and are solely focused on personal injury and medical malpractice law. This approach allows us to provide personalized and knowledgeable representation to each of our clients.
Network of Experts
After 20 years of practicing medical malpractice law, Josh Silverman has developed relationships with several of the top medical experts in the Richmond, VA, area. Cases of retained surgical bodies are often so egregious that they don't require expert testimony, but just in case, our attorney can call on these experts to provide the support needed to win your case.
Are you worried that you can't afford a malpractice lawyer? Don't be. At our Richmond practice, we take surgical errors cases on a contingency basis, meaning there is no upfront cost to the client. You only pay us if we win, and the fee is a reasonable percentage of your recovery. You truly have nothing to lose by hiring our firm to provide your legal representation.
More 5-Star Reviews "The Result of My Case Was Astounding."
My case took a very long time to settle. Mr. Silverman kept me informed and checked on me through out the entire process. Even when I was ready to throw in the towel, he didnt give up. The result of my case was astounding. Thank you Mr. Silverman for eveything!
If you are looking for someone to handle your claim, who actually will care about you, then Josh Silverman is the attorney you have been searching for!
Thank you Josh for the assistance!
What Should Have Happened
Thanks to his many years of representing medical malpractice victims, Josh Silverman knows what sort of safety protocols should have been followed to avoid your surgical error.
There should always be a count prior to surgery of all sponges, needles, and other surgical instruments that will be placed inside the patient’s body. The initial count serves as a baseline for subsequent counts. The scrub and/or circulating nurse should audibly count each item before the procedure, whenever more sponges or instruments are added to the surgical field, before closing any body cavity, and before completion of the surgical procedure. The nursing staff should document each count.
Typically, the operating room nurses are responsible for maintaining an accurate count of the sponges and instruments. However, the surgeon should inquire of the nurses whether the counts are correct. If they are not correct, the surgical wound should not be closed until a correct count is verified. If necessary, an intraoperative x-ray can be taken to locate the unaccounted foreign bodies left inside the patient.
Web Resources for Retained Surgical Bodies
- American College of Surgeons: Statement on the Prevention of Retained Foreign Bodies After Surgery
The American College of Surgeons provides guidelines to prevent retained foreign bodies after surgical procedures.
- Objects Retained During Surgery: Human Diligence Meets Systems Solutions
Retained surgical objects are almost always preventable. This article explores the scope of the problem and solutions to prevent this very serious form of medical malpractice.
- Prevention of Retained Foreign Bodies
This article published by The American College of Surgeons addresses the incidence of foreign bodies retained after a surgical procedure, as well as the steps surgeons and nurses should take to prevent these injuries. The article suggests that most major hospitals have at least one patient who is injured every year because of a retained foreign body.
- Prevention of Unintended Retained Foreign Objects in Surgery
This link takes you to a scholarly article about steps health care providers can take to prevent unintended retained surgical bodies.
- The Retained Surgical Sponge
This article discusses the frequency of retained foreign objects as well as the mortality rates.