Surgical instruments left inside a patient's body after surgery are a serious form of medical malpractice. If you've experienced this, you may be entitled to compensation. In South Carolina, laws surrounding medical malpractice cases, including incidents where surgical instruments are left behind, allow injured patients to file lawsuits against negligent healthcare providers. Below, we'll explain how this type of malpractice occurs, how to know if you have a valid claim, and the legal process for pursuing a lawsuit in South Carolina.

What is Surgical Malpractice?

Surgical malpractice occurs when a healthcare provider, such as a surgeon or surgical team, deviates from the accepted standard of care during a procedure. Surgical instruments being left inside the body is one of the most concerning examples of surgical malpractice. These incidents, often called “retained foreign bodies,” can lead to severe complications such as infections, organ damage, or even death.

Can You File a Lawsuit for Surgical Instruments Left in the Body in South Carolina?

Yes, you can file a lawsuit in South Carolina if surgical instruments were left in your body. South Carolina law allows victims of medical malpractice, including those who suffer from retained surgical instruments, to seek compensation. You may be entitled to damages if you can prove that the healthcare provider's negligence directly caused your injuries.

A medical malpractice lawsuit for this type of negligence typically includes:

1. Evidence of Negligence – The surgeon or surgical team must have breached the standard of care during the surgery. If they failed to account for all instruments used, or if proper procedures weren't followed, this could be considered negligence.

2. Injury or Harm – You must demonstrate that the retained surgical instrument caused harm, such as pain, infection, or additional medical procedures.

3. Causation – It must be proven that the retained instrument directly led to the harm or injuries sustained. For example, a piece of surgical equipment left inside may have caused an infection or other complications.

Statute of Limitations for Filing a Medical Malpractice Lawsuit in South Carolina

In South Carolina, the statute of limitations for medical malpractice claims is generally three years from the date the injury occurred or when it was discovered. However, if the retained surgical instrument isn't discovered right away, this timeframe could be extended to accommodate the discovery of the foreign body. It's crucial to consult with an experienced medical malpractice attorney to understand the specific deadlines that apply to your case.

Steps to Take if You Suspect a Retained Surgical Instrument

If you suspect that a surgical instrument was left inside your body after a procedure, it's important to act quickly:

1. Seek Immediate Medical Attention – If you're experiencing unusual pain, swelling, fever, or other concerning symptoms, seek medical care right away. A doctor will be able to confirm if a foreign object is present.

2. Consult a Medical Malpractice Attorney – An attorney specializing in medical malpractice can help you assess whether you have a valid claim. They can also help gather the necessary evidence and guide you through the legal process.

3. Document Your Symptoms and Medical Records – Keep track of any symptoms, medical treatments, and communications with healthcare providers. This information will be important in building your case.

4. Consider Legal Action – If negligence is found, you may be able to file a lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and other damages.

Why You Need an Experienced South Carolina Medical Malpractice Lawyer

A surgical instrument left inside the body is a serious matter, and proving medical malpractice can be complex. The attorneys at our South Carolina offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island have extensive experience handling medical malpractice claims, including those involving retained surgical instruments. We understand the emotional and financial toll this type of malpractice can have on your life.

If you or a loved one has been affected by surgical malpractice in South Carolina, contact our office today for a free consultation. We'll work tirelessly to help you pursue justice and the compensation you deserve.

Contact Us

If you suspect a surgical instrument has been left in your body, don't wait. Reach out to a trusted medical malpractice attorney at our Charleston, Georgetown, Myrtle Beach, or Pawleys Island office. We're here to help you navigate the legal process and fight for your rights.

Call us today at (843) 314-4202 for a free case review.