The retained surgical sponge case is probably the most classic example of clear-cut medical malpractice. When a surgeon or nurse leaves a surgical sponge or instrument inside a patient’s body during surgery, Pennsylvania law recognizes that this is an error so obviously beneath accepted standards of care that the usual rules requiring a Plaintiff to have a medical expert are relaxed.
We would all like to think that these kinds of medical mistakes are uncommon. The Pennsylvania Patient Safety Authority (PSA), in a startling report issued recently, tells us otherwise. Here is a link to the report. http://patientsafetyauthority.org/ADVISORIES/AdvisoryLibrary/2012/Sep;9(3)/Pages/106.aspx.
In 2011, there were a shocking 452 reported cases involving a retained sponge, medical instrument, surgical needle or other item, according to the PSA’s September 2012 advisory, “Update on the Prevention of Retained Surgical Items.” The Advisory also reports on various measures different organizations have recommended to suggest clearer hospital guidelines. The hope is that more coherent hospital policies will reduce this incidence of retained surgical items.
For a number of reasons, I don’t believe guidelines and policies alone are sufficient to address this problem.