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Retained Foreign Object Claims
Surgical procedures have become much more advanced, but sometimes healthcare providers can make mistakes, including leaving objects in your body during surgery. If this happened to you, you may be able to make a retained foreign object claim.
Failure to remove medical instruments and objects from a patient's body following a procedure is often a form of medical negligence and can have long-lasting, devastating impacts on their health.
If you or a loved one has been a victim of this type of serious surgical error and suffered harm as a result, you may be entitled to compensation.
If you think this has happened to you, please contact us, and we’ll do all we can to help you through this confusing time.
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A retained foreign object caused by medical negligence occurs when a healthcare provider had an expected standard of care to you, and their actions fell below this standard, causing an object to be left in your body following a procedure.
This can happen if your healthcare provider:
Failed to follow established surgical safety protocols
Failed to count surgical instruments or materials
Failed to verify that all equipment is accounted for before closing the surgical site
Accidentally left a foreign object inside the patient
If you think this has happened to you, and you suffered harm as a result, get in touch with us today, because you may have a claim.
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In the UK, you generally have three years to make your claim, which is why you need to proceed as soon as you can.
The three years will start from the date of the negligent treatment, or it can be three years from the date you became aware that you received negligent treatment, which resulted in a foreign object being left in your body.
There are exceptions to this rule, though. For example, if the claimant lacks mental capacity, there tends to be no time limit. A child has three years from their 18th birthday to bring a claim themselves, meaning the limit extends to their 21st birthday.
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The amount you're likely to receive when you make your claim varies enormously depending on your circumstances.
Every case is different, so the final payout will be based on the severity of your condition and any harm you may have experienced as a result of the misdiagnosis. The amount tends to be higher the more severe the effect it has on your life.
Other factors, like the degree of pain you may have experienced, medical expenses, and loss of earnings, will also come into play.
The compensation for misdiagnosed appendicitis claims is awarded to put the claimant back in the position they would have been in had the negligence never occurred. It's not to punish the healthcare provider.
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Yes! Our lawyers work on a no-win, no-fee basis, so there is no risk to you or your family's finances when you make a claim.
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More Surgery Claims We Can Help With
Surgical procedures are often performed without fault, but there are circumstances when healthcare providers fail to meet the expected standard of care (medical negligence), resulting in a foreign object being left in a patient's body during a surgical procedure.
This is classified as retained surgical items or surgical instruments. It’s rare, and in medical settings, it is called a “Never Event”, meaning it is wholly preventable. But that doesn’t mean it doesn’t happen.
If you suffered harm from a retained foreign object because of one of the following reasons, you may be able to claim compensation:
Protocols were not followed: If your healthcare provider failed to follow established surgical safety protocols, resulting in a retained foreign object.
Surgical equipment was not counted: If your healthcare provider failed to count surgical instruments and materials, resulting in a retained foreign object.
Surgical equipment was not accounted for: If your healthcare provider did not verify the presence of all surgical instruments and materials before closing the surgical site, resulting in a retained foreign object.
Your healthcare provider unintentionally left a foreign object in your body following a surgical procedure that caused you harm.
When You May Be Able to Claim
Every retained foreign object case is different, and you may still have a claim if your personal situation is not listed above.
If you need help clarifying whether you have a claim, please contact our expert team of lawyers, who can support you through this difficult time.
There is a three-year time limit on making a compensation claim for a retained foreign object. As soon as you’re aware that medical negligence has taken place, which resulted in a foreign object being left in your body, it's important to speak to one of our specialist solicitors.
Calculating the three-year time limit can be complex. If you are unsure, please contact one of our team for some free, no obligation initial advice.
We understand the stress you or a loved one is currently experiencing, which is why our team will do all they can to help you achieve a positive outcome.
Contact our surgical negligence solicitors today for a chat and to arrange your free consultation.
Making a retained foreign object claim can be overwhelming, but our team of professional lawyers are here to help you navigate through this confusing time.
Get in touch with us today to talk through the details of your circumstances in a free initial consultation with one of our friendly lawyers. They'll also answer any immediate questions you may have about the process.
How we can help
Three year claim limit
We know you're going through a difficult time, which is why our lawyers here at Nash & Co Solicitors in Plymouth are here to help you through.
Our team of experts in medical negligence will take great care when handling your case. Not only are they excellent lawyers, they're sensitive to your situation, too, and they'll do all they can to help you achieve your desired outcome.
We recognise that no two situations are the same, and we will offer personalised support for your individual case.
Why choose us to help you?
Client-first approach
Our client-first approach ensures you're comfortable with each step of the process. We'll never use complicated legal jargon that leaves you confused. Instead, we'll help you understand all the details clearly and concisely.
We're also committed to regular communication, so you're never left wondering what the next step is.
Our team of specialist lawyers work on a no-win, no-fee basis, meaning there is absolutely no financial risk to you or your family.
We won't ask you to make any upfront costs, and you won't have to pay a penny out of your own pocket. We may even be able to get you some interim payments to help pay for medical treatments and recovery.
In your free consultation, we can explain how your claim will be funded in more detail.
To find out whether you can make a misdiagnosed appendicitis claim, please call us on please call us on 01752 827085.
You'll get to speak to one of our lawyers right away, and we can answer some of your questions there and then. We can also talk about booking you in for your free consultation.
Additional support
Retained Foreign Object Claims FAQs
Below, we have addressed the most commonly asked questions about retained foreign object compensation and claims.
If you have any other questions that aren't answered here, don't hesitate to contact us.
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Yes, it's possible to claim for someone else who is unable to do so themselves. The most common examples are:
Claiming for a child: Children can't legally claim themselves until they reach 18, so a parent or legal guardian can do this for them. If a settlement is not reached sooner, the child has until their 21st birthday to claim.
Claiming on behalf of someone with limited mental capacity: A loved one can make a claim on their behalf, and there is usually no time limit in these cases.
Claiming on behalf of a deceased relative: If your loved one has died as a result of medical negligence by a healthcare provider, you can pursue a claim for them. Alternatively, if your loved one subsequently dies as a result of other causes, it may be possible to make a claim on behalf of their Estate for the lifetime effects of the medical negligence.
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When you decide to make a retained foreign object claim, our first step is to listen carefully to your experience and gather the details of what happened.
We’ll then review your medical records and seek expert opinions to determine whether the care you received fell below expected standards.
If we believe you have a strong case, we’ll guide you through the claims process.
In many cases, claims are settled without the need to go to court. If your case does proceed further, we’ll represent you at every stage. Throughout the process, our aim is to make things as straightforward as possible, keeping you informed and supporting you from start to finish.
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Because of the varying circumstances that are specific to you, there is no fixed average payout for a retained foreign object claim. Each payout is based on the severity of the claim.
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If you think you might have a retained foreign object claim, but are not completely sure, you can get in touch with our lawyers today. They'll be able to advise you on whether or not you can make a claim.
A person can usually make a claim if they can prove they suffered harm from a retained foreign object following a surgical procedure due to a healthcare provider's medical negligence.
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You will need to prove that you suffered harm from a retained foreign object following a surgical procedure due to a healthcare provider's medical negligence.
Our lawyers will discuss with you the exact documents you'll need for your case, but you'll usually need your medical records, proof of financial loss due to not being able to work, witness statements, and more.
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Every retained foreign object claim is different, so there is no set time frame from claim to settlement. Complex claims can take years, while simpler claims where liability is accepted quickly can be settled faster — time frames are on a case-by-case basis.
Once your lawyer understands more about your case, they may be able to guide you on a rough time frame, and they will be sure to update you throughout the process.
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A foreign object in medical negligence refers to any item left in the patient's body after surgery.
It doesn’t refer to those intentionally left (pacemakers, staples, ports, or metal rods), but those unintentionally left by healthcare providers. Some examples include:
Surgical instruments (clamps, scalpels, forceps, and scissors)
Medical devices (catheters, needles, and tubes)
Other surgical equipment (cameras, drill bits, and clips)
Surgical materials (gauze, sponges, and towels)
Even small retained surgical items can cause serious health complications for the patient.
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When a foreign object is left in your body following a surgical procedure, serious problems can arise. Here are some examples (this list is not exhaustive):
Need for further surgeries
Increased risk of infection
Internal bleeding
Organ damage
Chronic pain and discomfort
Bowel obstruction
In severe cases, a heart attack, stroke, or even death
If a healthcare provider left a foreign object in your body after surgery, and you experienced any of the above, please get in touch with our specialist solicitors who are here to help.
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In the UK, NHS England defines Never Events as “patient safety incidents that are wholly preventable where guidance or safety recommendations that provide strong systemic protective barriers are available at a national level and have been implemented by healthcare providers.”
In other words, these are serious patient safety failures that should never happen within NHS care if correct protocols are followed.
Because these incidents are officially recognised by the NHS as avoidable, they can form strong evidence in medical negligence claims, particularly where a retained foreign object has caused harm.
Just because they are called “Never Events” does not mean they don’t happen.
Please contact our specialist lawyers today if you believe you have been a victim of a Never Event, like a retained foreign object.
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Yes, you can sue the NHS if you suffered harm from a retained foreign object as a result of medical negligence by an NHS trust.
You can do this through our team of expert lawyers here at Nash & Co Solicitors. For more information on how you can make a claim, contact us today, and we'll do what we can to help.
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We completely understand if you feel this way, given the problems the NHS is facing in our current climate.
However, a body called NHS Resolution handles claims against the health authority. The government set up this organisation to handle compensation claims.
NHS Resolution is an arm’s-length body of the Department of Health & Social Care and essentially acts as an insurance provider for NHS Trusts and GPs. Every year, each Trust will pay an amount to NHS Resolution, just like you do for car or home insurance.
When a successful claim is made, NHS Resolution makes the compensation payout on behalf of the Trust or GP concerned. This means your claim won’t take money away from other patients being treated by that Trust or GP.
If you have any more questions, please don't hesitate to contact us.
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We know this is a difficult time for families, which is why our team of expert lawyers is here to help and support you from your initial enquiry to the end of your case.
Not only are they exceptional lawyers, but they're also extremely sensitive to your situation, helping you through this next stage with personalised support, excellent communication, and all the details you need to feel comfortable during these next steps.
If you think you have a claim and would like to discuss it with a professional, get in touch with our team today.
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If you don’t think you’re getting the level of service or satisfactory advice from your current solicitor, we’d be happy to discuss switching your case to Nash & Co Solicitors. Just call our team on 01752 827085 or contact us online.
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Rest assured, whatever medical negligence issue you're facing, we'll do our best to help you.
Give us a ring or fill in our form below to speak to a member of our team today, and get the answers you need to make your claim.
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