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. Contact our Richmond, VA, injury lawyer's office for a consultation.

We Are Highly Recommended by Past Clients


donald c


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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.

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Natalia Lataria

Richmond, VA


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Mr. Silverman is an excellent attorney. He is very knowledgeable, intelligent, kind, attentive to details, sincere in his desire to represent your best interests, provides clear guidance, and his team is also very efficient and caring. I highly recommend Silverman Law Firm to anybody in need of an attorney.

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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 attorney 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

(804) 325-4992

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Medical Malpractice

Medical malpractice attorney Josh Silverman of Richmond has been representing victims of medical negligence for more than 15 years. When a doctor, nurse, or other healthcare professional fails to comply with the medical standards of care, Silverman fights to make the responsible medical professionals pay for medical bills, lost wages, and pain and suffering for the victim. He encourages victims to visit a lawyer experienced and equipped to handle the complexities of medical malpractice cases in Virginia. Silverman has published on medical malpractice and continues his education in medical malpractice law each year.

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 Josh Silverman is intentionally selective about the cases he takes on and is 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.

Contingency Fees

Are you worried that you can't afford a malpractice lawyer? Don't be. At the Silverman Law Firm LC in Richmond, 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."


BVM Online


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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!

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Shaquille Heath

Richmond, VA


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Kind, understanding and efficient are the words that come to mind with Mr. Silverman and his team! I am extremely grateful and satisfied with the service that they have provided!

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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

Josh Silverman

Silverman Law Firm LC

At the Silverman Law Firm LC in Richmond, VA, attorney Josh Silverman and his team represent victims of personal injuries and medical malpractice. Josh Silverman has been recognized as a "Virginia Super Lawyer" every year since 2013 and was selected as a 2015 Top Rated Lawyer in Healthcare Law based on his AV Peer Review Rating in Martindale-Hubbell©.

We are available to provide individualized representation in a variety of practice areas, including:

To request a consultation at our firm, please fill out our online form or call (804) 325-4992.

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"By opening the Silverman Law Firm, I am able to carefully select cases where I can provide clients my undivided, individualized attention." Joshua D. Silverman

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