Retained foreign objects following surgery are “never events” which are medical mistakes that Medicare, Medicaid and some insurance companies have concluded should no longer happen. When a mistake is labeled a “never event” Medicare, Medicaid and insurance companies will not reimburse medical providers for care that is rendered necessary as a result of such mistakes.
If you have a retained foreign body following a surgery, you were the victim of medical malpractice. If no lasting damage is done and a second procedure will remedy the problem entirely, there will be a question about whether the case is financially viable, because the damages may not be sufficient to support the time and expense of a malpractice litigation.
If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Answered on May 19th, 2013 at 12:32 PM