Retained objects include sponges, instruments, and device fragments left after a procedure. Counting protocols and imaging are the standard prevention measures.
Many states apply a specific limitations exception for these claims.
Alternative Names:
Retained Surgical Item, Retained Instrument
Why it Matters?
Liability is generally conceded and the litigation concerns damages and which providers bear responsibility, since counting is a nursing function performed under surgeon supervision and allocation between hospital and physician is contested. The foreign object limitations exception also extends the filing period substantially in many states, running from discovery rather than the procedure, which keeps old claims viable.
Frequently Confused with
Related terms
Frequently asked questions
What is typically contested?
How do limitations rules differ?
