Have you ever wondered what could happen if a surgical team left something behind after an operation? While it may sound unthinkable, cases of surgical tools being forgotten inside patients occur more often than many realize. A surgical sponge left in patient lawsuit can arise when this mistake leads to infections, organ damage, or other serious complications. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we recognize that these cases go beyond financial recovery—they are about shining a light on preventable errors, giving families the power to be heard, and helping them reclaim control after a violation of trust. Keep reading to learn how the law can provide a path forward.
What Happens When a Surgical Sponge Is Left Inside a Patient?
A retained surgical sponge—sometimes called a retained foreign object—can trigger severe complications. Patients may experience persistent pain, infections, organ damage, or bowel obstructions. In some cases, the object may remain undetected for months or years, making diagnosis more difficult.
Medical safety organizations classify these incidents as “never events,” meaning they should never happen during a properly performed procedure. Yet despite safety protocols, mistakes still occur. According to the Agency for Healthcare Research and Quality (AHRQ), never events like retained sponges represent some of the most serious medical errors because of their high potential for harm.
In New York, leaving a sponge or other object inside a patient can form the basis of a medical malpractice claim if it can be shown that the medical team failed to meet the accepted standard of care.
Contact a Medical Malpractice Attorney Near You
What to Do If You or a Beloved One Is Affected
When complications persist after surgery, patients often feel uncertain about their options. The first step is always seeking medical attention. Imaging tests such as X-rays or CT scans may reveal the retained sponge. Once the object is discovered, the next step is surgical removal to prevent further damage.
From a legal perspective, timing is critical. In most medical malpractice cases in New York, you generally have two years and six months from the date of malpractice to file a claim. However, in cases involving foreign objects like sponges, the law allows a lawsuit to be filed within one year of the date the object was discovered or should have reasonably been discovered. As outlined by the New York City Bar Association, these strict deadlines can determine whether a case can move forward.
Consulting with a medical malpractice attorney promptly is crucial since strict deadlines apply, and hospitals often move quickly to limit liability.
Who Can Be Held Liable For A Surgical Sponge Left In A Patient Lawsuit?
Responsibility for a retained sponge does not rest on one individual alone. Several parties may be held liable, including:
- Surgeons: They must confirm that all surgical materials are removed before the procedure is completed.
- Nurses and surgical staff: These team members are often responsible for counting sponges and instruments; failure to follow protocols can result in serious errors.
- Hospitals or surgical centers: Facilities may face liability if poor staffing, inadequate training, or missing safety systems, such as sponge-tracking technology, contributed to the mistake.
Pursuing a surgical sponge left in a patient lawsuit allows victims to address both individual negligence and broader institutional failures, ensuring accountability for mistakes that should never have happened.
How to Prove Medical Malpractice in a Retained Sponge Case
Winning a retained sponge case requires proving that the medical team failed to meet the accepted standard of care. This process typically involves:
- Establishing duty of care: Confirming the doctor-patient relationship created a legal obligation.
- Proving breach: The surgical team did not properly count or remove all sponges.
- Causation: Demonstrating that the retained sponge directly caused harm, such as infection or organ damage.
- Damages: Documenting financial losses, medical bills, lost income, and pain and suffering.
New York also requires a Certificate of Merit, meaning an attorney must consult a medical professional to verify the claim has merit. Evidence often includes surgical records, imaging, and expert testimony. Because leaving a sponge behind is considered a preventable error, liability is often clearer in these lawsuits.
Contact a Long Island Medical Malpractice Lawyer Today
No patient should endure the pain and uncertainty of a sponge left behind after surgery. Filing a surgical sponge left in patient lawsuit can be a step toward justice and healing. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we fight for patients across New York. Call us today at 516-358-6900 or reach out online to discuss your options.
Schedule a free consultation here.
Call a medical malpractice lawyer near you: