retained foreign body
How does something get left inside a patient after surgery, and what does that mean? It means a sponge, instrument piece, needle fragment, drain part, or other object stayed in the body when it should have been removed before the procedure ended. In plain terms, it is a preventable surgical mistake that can cause pain, infection, internal damage, repeat surgery, or long-term complications.
From a practical standpoint, the first move is medical, not legal: get checked right away if there is unusual swelling, fever, drainage, unexplained pain, or a recovery that keeps going sideways. Imaging, operative reports, and follow-up records often matter more than anyone's memory. Ask for the surgical records, pathology reports, and any radiology studies. A retained foreign body case often turns on whether the object was actually left behind and what harm it caused.
For a New York injury claim, timing can be different from an ordinary medical malpractice case. Under New York CPLR 214-a, there is a special foreign-object discovery rule: a lawsuit may be started within one year from when the object was discovered, or when facts reasonably should have led to that discovery, whichever comes first. That can be a big deal if the problem is found long after surgery. If a public hospital or agency is involved, separate notice rules may also apply, and claims against agencies like the MTA often have a 90-day notice of claim deadline.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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