The exception permits filing within a period running from discovery of the object rather than from the procedure. It typically applies only to objects with no therapeutic purpose, excluding intentionally placed devices.
Periods after discovery are frequently short.
Alternative Names:
Foreign Body Exception, Retained Object Limitations Rule
Why it Matters?
The distinction between retained instruments and intentionally implanted devices is what defines the exception's scope, since a fragment left behind qualifies while a device that later failed generally does not. That boundary is litigated where a device component separated during placement. The post-discovery filing period is also short in many states, so the exception extends the outer limit without providing an indefinite window.
Frequently Confused with
Related terms
Frequently asked questions
What objects qualify?
How long is the post-discovery period?
