Foreign object stuck in someones throat during an xray

Foreign Objects Left in the Body

By Greg Kohn

Medical errors occur more commonly than many people realize. Doctors, nurses, hospitals, medical facilities, and other healthcare providers are guilty of making mistakes and acting negligently. Patients might not realize mistakes were made until months or years later when they discover a medical error caused them harm. An example of this type of medical negligence is a doctor leaving a foreign object in the body. A New Jersey medical malpractice attorney can help you file a lawsuit if a doctor harmed you in this way.

Foreign Objects Left in the Body Are Never Events

It is unthinkable that a doctor or other medical provider would leave a foreign object in your body. Unfortunately, these unthinkable events happen so often that they receive the name “never events.”

A never event is a medical error that should never occur. It is so outrageous and preventable that it is impossible to believe it would happen. Foreign objects left inside the body are an example of a surgical never event. Objects left inside patients during a procedure include cotton swabs, catheters, sponges, gauze pads, scissors, needles, and clamps.

Never events are devastating to patients. They often cause fatalities and permanent impairments. Leaving a foreign object inside a patient could result in aseptic inflammation, infections, pain, blockages, damage to internal organs, and much worse.

What Do I Need to Prove to Win a Medical Malpractice Claim in New Jersey?

Malpractice is the failure to meet a professional standard of care. In a medical malpractice claim, a doctor fails to provide an acceptable standard of medical care. Proving medical malpractice requires you to have sufficient evidence proving:

  • A legal duty of care was created because of your relationship with the medical provider (i.e., a doctor-patient relationship
  • The doctor breached the duty of care by failing to meet the required medical standard of care by their omissions or actions (i.e., leaving a foreign object inside of you)
  • The doctor’s breach of duty was the direct and proximate cause of your injuries
  • You sustained damages because of the doctor’s breach of duty

Proving that the doctor failed to meet the medical standard of care requires hiring medical specialists and experts. The experts testify about what the medical standard of care would have been for your situation. Then, they explain how your doctor’s conduct fell short of the medical standard of care.

Recovering Damages for a Foreign Object Left in the Body in New Jersey

If you were injured because a medical provider left a foreign object inside of you, you could be entitled to compensation for injuries and damages. You could receive compensation for economic and non-economic damages including:

  • Medical bills and expenses
  • Scarring and disfigurement
  • Lost wages and benefits
  • Physical pain and suffering
  • Out-of-pocket expenses
  • Impairments and disabilities
  • Diminished quality of life
  • Reductions in earning capacity
  • Mental anguish and emotional distress
  • Loss of enjoyment of life

The time to file a medical malpractice claim in New Jersey is limited by the statute of limitations. Talk with an attorney as soon as possible to protect your right to pursue a legal claim against the parties responsible for causing your injuries and losses.

Learn More About Medical Malpractice Claims in New Jersey

Our New Jersey medical malpractice lawyers at Nagel Rice LLP can help you file a claim seeking compensation for damages caused by medical negligence and errors. Call our office to schedule an initial consultation with an attorney to learn more about suing a doctor for malpractice in New Jersey.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.