In this guide, we’ll be discussing the eligibility criteria for making a medical negligence claim after being harmed as a result of a retained foreign object following surgery. If you can prove that this happened because of negligence, you could be entitled to make a claim.
Can I Make A Retained Foreign Object Claim?
All medical professionals have a duty of care to their patients. This is always the case, regardless of how they are treating you. You’re owed a duty of care by nurses, general practitioners and surgeons, for example. When this duty of care is breached, and you can prove this was the result of negligence, you could be entitled to make a claim.
If you have any questions pertaining to your own medical negligence claim, then you can use the following contact information to discuss this further with our team of advisors. In just one call you can get an understanding of the necessary steps you’ll have to take to make a successful claim. If they feel your claim is valid, they could provide you with one of the No Win No Fee solicitors from our panel.
Contact us by:
- Calling us on 0113 460 1216
- Entering your details in the contact us section on our website
- Talking with a member of our team by using the live chat feature to the bottom-right of this page.
Choose A Section
- What Is Retained Foreign Object And When Am I Eligible To Claim?
- How Could I Be Affected By A Retained Foreign Object After A Surgery?
- What Compensation Could I Recieve From A Retained Foreign Object Claim?
- Evidence That Could Help In A Surgical Negligence Claim
- Use Our Panel Of No Win No Fee Solicitors To Claim For Medical Negligence
- Learn More About Surgical Negligence Cases
What Is A Retained Foreign Object And When Am I Eligible To Claim?
You could be able to make a medical negligence claim if you’ve suffered avoidable harm due to a retained foreign object being left inside you after a surgical procedure. In this context, a foreign object is defined by the NHS as an item subject to a formal counting or checking process before and after the procedure. For example, this could include swabs and guidewires.
If a foreign object is retained post-procedure, this is an example of a never event. These are events that are entirely avoidable if the proper frameworks are followed.
As stated above, all medical professionals have a duty of care to their patients. They should provide a level of care that doesn’t fall below a minimum standard. In the case that a surgeon or any medical professional’s actions are deemed below the expected standard of care, resulting in you sustaining harm, you might be owed compensation.
If you’re unsure whether you have a valid medical negligence claim, then you can use the contact information above to discuss this in more detail with someone on our team. If your case is valid, they could connect you with a No Win No Fee solicitor from our panel to work on your case.
How Could I Be Affected By A Retained Foreign Object After A Surgery?
When making a medical negligence claim, it’s not enough that you experienced a breach of duty of care. You must have been avoidably harmed. If you’ve had to undergo another operation to remove the foreign object, then this is an example of harm. It could be considered unnecessary treatment because the only reason you need the operation is because of the negligence of the medical professional.
Below are some examples of how you could be harmed after you have retained a foreign object after a medical procedure:
- A surgeon leaves a piece of gauze inside your body when this should have been removed. As a result, you contract an infection.
- A needle is accidentally dropped inside of you whilst the operation is being performed. This is not spotted in time and the object perforates your bowel.
- Your surgeon leaves a surgical glove in your body. This is spotted post-operation. The glove itself does not cause harm because it is spotted in time; however, you need to undergo another operation that would not have been necessary if you’d been given the right level of care.
For more information in regard to your particular claim, you can use the contact information at the top and bottom of this page to speak with an advisor. If they feel you have a valid claim, they could connect you with a lawyer from our panel.
Is There A Time Limit When Making A Surgical Negligence Claim?
You may be wondering how long a medical negligence claim takes. While we can’t give you an answer to this question, as each claim is different, we can address how long you have in which to start a claim.
As per The Limitation Act 1980, a medical negligence claim needs to begin within three years. This could run from the date of the incident itself, or the date that you became aware that your harm was caused by negligence. There are exceptions to this, however.
If you’re unable to make a claim due to a lack of mental capacity or are under the age of eighteen, then a litigation friend may be able to make a claim on behalf of them. In the case that a person regains the mental capacity necessary to make a claim, or turns eighteen, then they’ll have three years from this date to begin their claim.
If you would like guidance on the time limit for your case, speak with a member of our team today.
What Compensation Could I Recieve From A Retained Foreign Object Claim?
When you make a successful claim, you could receive two separate heads of claim. The first of these that we’ll discuss is general damages.
This head of claim aims to provide compensation for pain, suffering and loss of amenity that medical negligence has caused. Solicitors will use the Judicial College Guidelines to help assign a value to this head of your claim. Whilst this is the case, these figures cannot be guaranteed due to the fact that every general damages head of claim has to be judged on a case-by-case basis.
We have used these figures to create the table below, which you can use as an alterative to a compensation calculator.
| Harm | Compensation | Notes |
|---|---|---|
| Kidney - (a) Serious | £169,400 to £210,400 | Serious and permanent damage to or loss of both kidneys |
| Kidney - (b) Significant | Up to £63,980 | Significant risk of future urinary tract infections, or total loss of natural function. |
| Bladder (a) | Up to £184,200 | Cases involving double incontinence, namely total loss of natural bowel function, and control altogether. |
| Bladder (c) | £63,980 to £79,930 | Serious impairement, involving pain and incontinence. |
| Bowel (d) | £44,590 to £69,730 | Impaired function and need for temporary colostomy |
| Bowel (e) | £12,590 to £24,480 | Some permanent damage, although normal control and function eventually resumes. |
| Digestive system - Severe (i) | £43,010 to £61,910 | Continuing pain and discomfort. |
| Digestive system - Serous (i) | £16,790 to £27,760 | An injury that doesn't penetrate, but that does cause long-standing complications. |
| Scarrings to other parts of the body | £7,830 to £22,730 | Noticeable laceration scars, or a single disfiguring scar. |
| Scarrings to other parts of the body | In the region of £8,640 | Cases involving an exploratory laparomtomy, but there is no significant internal injury found. |
Special Damages In Surgery Negligence Claims
Special damages are the second head of claim that you could be eligible to receive in a successful retained foreign object claim. This head of claim aims to reimburse you for any financial losses that you may have experienced as a result of your injuries. This can include (but isn’t limited to):
- Loss of earnings
- Care costs
- Medical expenses
- Travel expenses
- Cost of renovations to your home
A solicitor could help you ascertain what could be covered by this head of claim. Speak with a member of our team to see if you could be put in touch with a lawyer.
Evidence That Could Help In A Surgical Negligence Claim
In order to make a successful claim after having retained a foreign object due to negligence, it’s important that you’re able to provide evidence. Potential types of evidence that can help to support your claim include:
- Asking for copies of any records produced in the course of your medical care and subsequent treatment.
- Keeping a diary of your treatment and any symptoms you experience.
- Taking photographs. For example, if you had to undergo a second operation in a different place because the foreign object moved, you could take a picture of the scar.
If you’re struggling to gather evidence to support your medical negligence claim, get in touch. One of the solicitors from our panel could help you gather any evidence necessary, provided your claim is valid.
Use Our Panel Of No Win No Fee Solicitors To Claim For Medical Negligence
On providing you have a valid claim, you can choose to make your claim with one of the medical negligence solicitors from our panel. You may be offered a type of No Win No Fee Agreement called a Conditional Fee Agreement (CFA). These types of agreements come with a variety of benefits, as outlined in the Conditional Fees Agreements Order 2013.
Firstly, when making a CFA, you generally won’t be expected to pay any upfront or continuous fees for your legal representation. As well as this, in the circumstance that you’re unsuccessful in your claim, you won’t be asked to pay anything for the work your lawyer has done at all.
However, if you’re successful in your claim, you’ll have to pay a success fee. This is a legally capped amount that is discussed between you and your solicitor before you begin receiving any legal representation. It’s worked out as a percentage of your settlement.
If you’d like to contact us to discuss this further, then use the following contact details to talk with our team of advisors. In just one call you can get an understanding of how much compensation you could be due in the event of a successful medical negligence claim.
Contact us by:
- Calling us on 0113 460 1216
- Entering your details in the contact us section on our website
- Talking with a member of our team of advisors by using the live chat feature available on our website
Learn More About Surgical Negligence Cases
If you’d like to learn more about making a retained foreign object claim, then you can read more of our guides below.
- Medical negligence at birth
- Can I make a misdiagnosed cancer claim?
- Claiming for an incorrect prescription
Alternatively, you can use the following links to learn more:
- Statutory Sick Pay (SSP)
- NHS key statistics
- NHS guidance on avoiding retained objects in gynaecology and maternity settings
Writer Louis Pocket
Publisher Fern Smith
