Undergoing surgery can often be scary, even if you know that the procedure is relatively safe. Whether you are going to be awake or asleep for the procedure, there can be concerns about your experience of the surgery or the side effects you might expect afterwards. Unfortunately, even the lowest-risk surgical procedures are not without the potential for human error, which can lead to serious consequences beyond the side effects you would typically expect for a particular surgery.

Among the most serious mistakes involves foreign objects - such as surgical swabs - being left inside a patient's body after a surgery is successfully performed. This is rare but, when it happens, retained swabs can lead to a combination of serious symptoms for the patient, ranging from mild discomfort to the life-threatening condition sepsis.

There are procedures that doctors, surgeons and other medical professionals have to follow to minimise the risk of retained surgical swabs or other foreign objects being left inside patients. In fact, it is described by NHS England guidance in a list of "Never Events" that should not be allowed to happen under any circumstances.

Thankfully, while the risk of a retained swab or foreign object is always a possibility due to the capacity for human error during surgery, there are also steps that patients can take in response. You may be entitled to claim compensation or pursue justice in other ways if you suffer due to mistakes in surgery or medical treatment. Here, the expert medical negligence team at JMW Solicitors explain what you can do if you have suffered (or continue to suffer) harm due to a retained surgical swab or other object.

What causes retained swabs?

In almost all cases, retained swabs after surgery are examples of medical negligence. This means that they result from mistakes on the part of a surgeon, nurse or another member of the operating theatre staff. It is easy for medical professionals to lose concentration, especially given that they often work long hours, and operating theatres are dynamic environments subject to interruptions and distractions. However, there are procedures in place to address any serious patient safety concerns and limit the risk of surgical mistakes.

The standard practice involves counting swabs before, during and after surgery. If swab counting protocols are not strictly followed or discrepancies in the counts go unresolved, swabs can be left behind. As such, there is a greater risk of a retained swab incident following a lengthy or complex surgery. Emergency surgery may also have a higher risk of a retained foreign object, as the increased pressure and focus on the patient's immediate needs can make it harder to keep track of each surgical swab that is used.

Often, this problem is not solely the fault of an individual doctor. Systemic problems like short staffing, a lack of proper training or suitable protocols, and even the technologies that are used during surgical procedures can all affect the likelihood of this problem arising. If surgical swabs are left inside a patient's body after a surgical procedure, it will almost always be as a result of clinical negligence, meaning the patient will be able to take legal action in response if they suffered harm as a result.

What are the symptoms of retained swabs?

The symptoms of a retained swab depend on various factors, including its location and the length of time it remains inside the body. There are also differences in each individual patient's response. If you believe you have a retained foreign object following surgery, speak to a doctor for a diagnosis.

The location of the retained swab can also lead to specific localised symptoms. Signs of sepsis may indicate a medical emergency, but you should speak to a doctor about any of these symptoms in the aftermath of a surgical procedure. This not only ensures that your illness or injury can be addressed, but will result in incident reports that can support a compensation claim.

What are the patient's legal options?

In most cases, if retained swabs (or other retained foreign objects) have caused any of the symptoms or conditions listed above, you have the right to make a compensation claim for surgical negligence. Compensation can help to cover any financial costs associated with the mistake - for example, if you need further surgery to remove the swab, or if you take time off work during your recovery, compensation will account for these expenses. It will also factor in the pain and suffering you experienced as a result of medical negligence.

Making a compensation claim can also have broader positive effects, by influencing safety improvements in the hospital where the incident occurred. Swabs being left inside a patient's body is not inevitable, and implementing suitable procedures within every healthcare system to prevent this outcome can minimise the risk. The NHS will investigate all the factors of the case before it determines whether or not to accept responsibility.

This may result in a wider investigation, which could include looking at incident reports and developing better risk strategies to minimise the dangers of a retained swab during any invasive procedure, or any other patient safety concerns that may be identified. This can help to ensure that, in the future, the hospital or surgical team follows safety recommendations and manages risks effectively, so that other people do not face similar experiences.

If you have suffered due to retained swabs and want to claim compensation, speak to a solicitor. The clinical negligence team at JMW has a wealth of experience representing people like you, and can discuss your eligibility to claim based on a conversation about your experiences. If you decide to go ahead, we will start the process on your behalf.

To learn more, or begin the claims process, call us on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.