• beach with dock at sunset

Medical Malpractice Attorney in San Diego


Here are a few common examples of Medical Malpractice:

  • Diagnosis Errors – a medical professional (or his/her agent) negligently failing to properly diagnose a medical issue.
  • Surgical Error – a medical professional leaving an object inside a patient; removing the wrong thing (finger, leg, arm, etc.), failing to remove something s/he should have removed.
  • Treatment Errors – a medical professional negligently failing to provide correct treatment advice, or providing treatment advice that falls outside the standard of care for a medical professional.
  • Medication Errors – a medical professional giving the wrong medication, or giving the correct medication but in the incorrect dosage.

stock photo of hands signing document

Objects Left Inside the Body After Surgery

One instance where there could likely be a malpractice claim is when a person undergoes surgery and an object is left inside the patient, which should not have been. Research indicates that patients leave hospitals after surgery with foreign objects in side them thousands of times per year. Approximately between 5,000 to 6,000 times per year in the United States alone. Surgical instruments left inside a patient can cause a number of serious health issues and can even lead to death. Mistakenly leaving foreign objects inside the body is a mistake that possibly could have been avoided with the engagement of reasonable and effective safety precautions.

Why or How an Object Gets Left Behind Inside a Patient

There can be a number of reasons an object gets left inside a patient. There might not only be multiple procedures going on at once, but multiple humans are inside the surgery room at the same time and sometimes have duties that overlap. Nurses or technicians are typically relied on by the hospital to keep track of the number of sponges or other surgical tools used during surgery. Human error can come into play anywhere in the process. From providing a correct number of items before surgery, to incorrectly accounting for items during surgery, to incorrectly accounting for items after surgery. There may have been unexpected changes which occurred during surgery, the patient may have had a high body mass index, more than one surgical team may have been involved, or there may have been procedures to control excessive blood loss. The avoidable mistake could have taken place during any point, by any one of the surgical staff.

Top Objects Commonly Left Inside the Body During Surgery

Depending on the type of surgery, surgeons are estimated to use over 250 types of surgical instruments and tools during a single procedure. These objects are difficult to keep track of during surgery and are sometimes left behind. The types of surgical objects commonly left inside a patient after surgery include:

  • Sponges
  • Scalpels
  • Scissors
  • Towels
  • Drain Tips
  • Needles
  • Guide Wires
  • Clamps
  • Tweezers
  • Forceps
  • Scopes
  • Surgical Masks
  • Measuring Devices
  • Surgical Gloves
  • Tubes

As you can see, there are many factors that can play an important role in the outcome of your case. Additionally, time is of the essence. Memories fade and evidence can get lost or witnesses can become unavailable.

Free Consultation and Case Review, and there are no attorney’s fees unless we win your case.

Call the Law Offices of Gregory A. Montegna at your earliest convenience. We can answer your questions and give you an idea of the value of your case. We can talk with you over the phone, or you are welcome to come into our office, or we can meet you and your family at a location that works for you.

Call the Law Offices of Gregory A. Montegna today for your FREE Consultation

(619) 691-1500

Call Our Offices for a Free Consultation! Se habla español