Retained surgical items (RSI), foreign items left inside a patient after a surgical procedure, present life-threatening issues for patients and create potential liability for surgeons, hospitals, and the medical team. RSI are considered “never events,” errors in medical care that never should occur and are identifiable, preventable, and serious in their consequences for patients.   

For every 10,000 surgical procedures, about 1.32 procedures result in foreign items left inside the patient. An estimated 1,500 to 2,000 retained surgical item cases are brought each year in the United States.   

Attorneys, physicians, insurers, employers, and other potential parties to litigation need to understand the types of litigation issues that may arise in connection with an injury involving a retained surgical item.

How much have juries awarded and what settlements have been reached recently in cases involving nursing home injuries?

How much have juries awarded and what settlements have been reached recently in cases involving nursing home injuries?

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.

How much have juries awarded and what settlements have been reached recently in retained surgical items cases?

This section provides detailed medical information on items that may be left in a patient after a surgical or other hospital procedure, known as retained surgical items (RSI). Surgical equipment, such as sponges, needles, retractors, and other items, are discussed. Included is discussion of the increased risk of RSI in complex surgeries, the discovery and diagnosis of an RSI, the consequences and complications of RSI, second surgeries, and prevention. Also discussed is the patient’s prognosis and ability to work.

Provided is a listing of law and medical resources for further information on retained surgical items.