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Retained Surgical Object Claims

Suing the NHS or private healthcare providers for surgical items left inside the body

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Retained Foreign Object Claims Explained

Undergoing surgery carries unavoidable risks, but leaving a surgical object inside a patient’s body is not one of them. When instruments, swabs, or other materials are unintentionally retained after an operation, this represents a serious and preventable failure in surgical care. These incidents are classed by the NHS as never events, meaning they should not occur if proper safety procedures are followed.

Retained foreign object (RFO) claims focus on whether established safeguards were properly carried out. In turn, as part of your claim, we will examine whether failures in planning, communication, or verification directly led to avoidable harm.

Common Errors Leading to Retained Objects from Surgery

Claims involving retained surgical objects often arise where safety systems failed rather than where complications were unavoidable. Common examples include:

Surgical swabs, sponges, or gauze left inside the body after closure
Instruments, fragments, or broken equipment not identified during final counts
Drainage tubes, guidewires, or needles unintentionally retained
Inadequate documentation or incorrect surgical counts
Failure to investigate post-operative symptoms suggesting a retained object
Delayed diagnosis despite persistent pain, infection, or abnormal imaging

Even where the object is discovered months or years later, negligence may still be established if earlier action could reasonably have prevented harm.

We will cover the costs unless we win your case.

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Specialist negligence solicitors

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Specialist negligence solicitors

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Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

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Your Questions Answered

How do I know if a retained surgical object was negligent?

Retained surgical objects are classed as never events, meaning they are incident that should never happen if existing national safety guidelines are followed. We will use Independent medical experts to assess whether accepted surgical protocols were followed and whether earlier detection could have avoided injury or further surgery.

Can I sue the NHS if a surgical item was left inside me?

Yes. Claims against the NHS are brought against the relevant NHS Trust, and any compensation is paid through NHS Resolution, not from frontline budgets or staff wages. Many patients bring claims not only for financial support, but to obtain explanations, accountability, and reassurance that lessons are learned.

What if the retained object caused no serious long-term harm?

You may still be able to claim. Even where the physical injury is limited, patients can suffer distress, prolonged recovery, additional procedures, time off work, and loss of trust in medical care. Compensation may reflect the pain, inconvenience, psychological impact, and any avoidable treatment required.

How is compensation calculated?

Compensation reflects both the injury itself and its wider consequences. This may include:

General damages for pain, infection, scarring, internal injury, and psychological harm
Special damages for further surgery, medication, travel costs, lost income, and care needs

Each case is assessed individually, with awards designed to support recovery and long-term wellbeing.

Can I make a claim on behalf of someone else?

Yes – if the person affected is unable to bring the claim themselves, a litigation friend can act on their behalf. This applies if the individual:

Is under 18
Has limited or no mental capacity
Has experienced cognitive decline or disability that prevents legal decision-making

Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.

How is compensation calculated for claims?

Compensation usually reflects both the injury itself and the wider impact on your life. It is typically split into:

General damages: for pain, reduced mobility, loss of enjoyment of life, distress, and the effect of revision surgery or ongoing symptoms
Special damages: for financial losses such as time off work, rehabilitation, travel, medical expenses, mobility aids, care needs, and future treatment costs

Every case is assessed individually, with compensation designed to support recovery and long-term stability.