Foreign Object Exception

Foreign Object Exception

Foreign Object Exception

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 asked questions

What objects qualify?

What objects qualify?

Items with no therapeutic purpose such as sponges and instruments, generally excluding intentionally placed implants and devices.

How long is the post-discovery period?

How long is the post-discovery period?

Frequently short, commonly one year, so the exception extends the outer limit without creating an indefinite filing window.