MEDICAL NEGLIGENCE PATIENT SAFETY 1.4A 

RETAINED FOREIGN OBJECT UNDEFINED NOTIFIABLE INCIDENT

John Whelan with Specialist expertise in Medical Negligence and Patient Safety gives an example of a case which falls outside of the definition of a Notifiable Incident as envisaged by item 1.4 of the Patient Safety Act 2023.      This example involves similar mistakes to that envisaged by item 1.4 of the Act but yet since it doesn’t lead to the death of the Patient it is not a Notifiable Incident as defined by Item 1.4.    This example is one of many cases which should fall within the ambit of the Patient Safety Act and can be introduced by a Ministerial regulation under Section 8.

Item 1.4A

A Notifiable Medical Incident involving a Retained foreign object after surgery

An incident involving a retained foreign object after surgery occurs when surgical tools or materials, such as sponges, instruments, or needles, are unintentionally left inside a Patient after a procedure. This type of mistake is classified as a never event and can cause serious complications for the Patient.

Example: Retained Surgical Sponge

A Patient undergoes abdominal surgery to remove an ovarian cyst.  The procedure is completed without immediate complications, but over the following weeks, the Patient develops severe abdominal pain, fever, and signs of infection. Upon further investigation, imaging reveals that a surgical sponge was left inside the Patient's abdominal cavity.

During the surgery, a surgical sponge used for absorbing blood was inadvertently left in the Patient. Despite having protocols in place to count all surgical instruments and materials before and after surgery, a miscount occurred, and the team failed to detect that a sponge was missing.

The retained sponge caused an infection and abscess formation, requiring a second surgery to remove the foreign object. The Patient had to undergo prolonged antibiotic therapy and an extended hospital stay.

Outcome:

The Patient did not suffer life threatening consequences from the medical mistake but did experience physical and emotional distress due to the additional surgery and recovery.

For more detailed insights into how the Patient Safety Act 2023 impacts you and how Whelan Law can support you, please visit our Patient Safety Rights Legal Advice https://www.whelanlaw.ie/news/medical-negligence-and-patient-safety/