At Poulos & Coates, LLP, we understand how profoundly life can change when a preventable mistake occurs in the operating room. Among the most serious errors are retained surgical instrument items, like sponges, clamps, or scalpels, left inside a patient’s body after a procedure.
While these events are relatively rare, they are never acceptable. They can cause severe complications, require additional surgeries, and sometimes lead to life-threatening infections. As the only New Mexico law firm focused exclusively on medical malpractice, and the only one with a doctor and two nurses on staff, we know how to determine whether this kind of incident may give rise to a valid legal claim.
Understanding the Problem: How Do Tools Get Left in Patients?
Retained surgical instruments are classified as “never events” in the medical field, meaning they should never happen if proper safety measures are followed. Yet according to The Joint Commission, hundreds of cases are reported yearly in the United States, and research suggests the actual number is higher because not all incidents are documented. The 2023 sentinel event report found that retained surgical instruments were the fifth most common event.
So, how do tools get left in patients? The reasons are almost always preventable:
- Emergency surgeries or sudden changes in the procedure can disrupt normal counting steps;
- Communication breakdowns between team members, especially during shift changes or when multiple teams are involved, can lead to errors;
- Distractions, fatigue, or high-pressure environments can cause overlooked steps; and
- Failure to use technology such as radio-opaque sponges or surgical checklists can allow mistakes to slip through.
Whatever the cause, the outcome is the same: a foreign object remains inside the patient, sometimes for weeks, months, or even years before being discovered.
The Damage They Can Cause
A retained surgical instrument isn’t just uncomfortable; it can be life-altering. The object can press on organs, cause internal bleeding, trigger infections, or create dangerous blockages. Some patients require multiple corrective surgeries, prolonged hospital stays, or long-term antibiotic treatment. Others may face permanent disability or life-threatening complications like sepsis.
The emotional toll is also significant. Many patients feel betrayed by the medical team they trusted, and the trauma can make it difficult to seek care in the future. That’s why pursuing accountability not only helps to secure financial recovery but also restores trust and promotes patient safety.
Spotting the Red Flags
When an object is left inside the body, symptoms can develop quickly or appear gradually over weeks or months. Common signs something was left behind include:
- Pain that doesn’t improve or worsens after surgery;
- Unexplained swelling, redness, or persistent fever;
- Ongoing digestive problems or bowel obstruction; and
- Unusual drainage from the incision site.
These symptoms don’t automatically confirm a retained instrument, but they do warrant immediate medical evaluation. Imaging tests like X-rays, CT scans, or ultrasounds can usually detect a foreign object and confirm the diagnosis.
What to Do If You Suspect a Problem
If you believe you may have a retained surgical instrument, your first step should be getting medical attention immediately. Tell your provider about your symptoms, your surgery date, and why you’re concerned. Early detection can significantly reduce the harm.
Once you have addressed your immediate health concerns, the next step is understanding whether you have a legal case. In New Mexico, these incidents are governed by the New Mexico Medical Malpractice Act, which requires proof that the medical provider failed to meet the accepted standard of care. In retained surgical instrument cases, this usually means showing that the provider did not follow proper counting, communication, or detection protocols.
Time Limits for Filing a Claim in New Mexico
In most medical malpractice cases in New Mexico, you have three years from the date of the negligence to file a claim. However, in some cases involving retained surgical instruments, the clock may start when the injury is discovered (or reasonably should have been discovered), since the object may remain hidden for months or years.
This is known as the “discovery rule,” but it’s not unlimited. Courts will expect you to act promptly once symptoms appear. Missing the filing deadline can mean losing your right to compensation, so contacting an attorney is critical as soon as you suspect an issue.
How We Build Your Case
At Poulos & Coates, we interpret your medical records with the same insight your surgeon should have used. Our in-house physician and nurse consultants evaluate whether the surgical team followed established safety protocols, such as counting every instrument and sponge before, during, and after the procedure, and used adjunct technologies to confirm nothing remained inside. A skilled surgical malpractice lawyer on our team can then use these findings to build a strong case on your behalf.
If they ignored these protocols or carried them out carelessly, we gather evidence, consult with independent medical experts, and build a compelling case. Because we prepare every case as though it will go to trial, defendants and insurance companies know we are serious about securing justice for our clients.
Prevention: A Shared Responsibility
Preventing retained surgical instruments is primarily the responsibility of the surgical team, but awareness benefits everyone. Patients can ask their surgeons about safety procedures, such as whether the hospital uses electronic tracking systems for sponges or conducts multiple counts during the operation.
For hospitals, prevention requires a culture of safety that prioritizes checklists, minimizes distractions, and ensures every team member feels empowered to speak up if something seems wrong. Standardized protocols, clear communication, and technology like bar-coded sponges or intraoperative X-ray verification have been shown to dramatically reduce the risk.
Why Clients Choose Poulos & Coates
We are legal advocates who understand both the medical science and the human cost of surgical errors. Clients choose to work with us because:
- We are the only New Mexico firm focused exclusively on medical malpractice;
- We have a doctor and two nurses on staff to evaluate cases with unmatched accuracy;
- We’ve secured over half a billion dollars in recoveries for injured clients; and
- We care deeply about restoring your health, peace of mind, and trust.
When you work with us, you get a team that will not only fight for your compensation but also push for changes that prevent similar harm to others.
You Don’t Have to Face It Alone
If you or a loved one is living with complications from a retained surgical instrument, you’re not powerless. You can take action to protect your health, hold the responsible parties accountable, and secure the resources you need for recovery.
Contact Poulos & Coates today at 575-523-4444 for a free consultation. We’ll review your case, explain your legal options, and work tirelessly to achieve the justice you deserve.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
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