According to a report from NBC 5 Chicago, a medical malpractice lawsuit has been filed on behalf of a patient who had a sponge left inside of them after surgery. Frank Kryzak—a cancer patient who had surgery in January of 2023—alleges that a sponge was left inside of him by doctors at the Northwestern Medicine McHenry Hospital. Here, our Chicago medical malpractice attorney explains what we know about the lawsuit and provides a more general overview of retained surgical device claims in Illinois.
Medical Malpractice Lawsuit: Sponge Allegedly Left Inside Patient
A medical malpractice lawsuit was filed on behalf of a man who alleges that a sponge was left inside of him after surgery. The claim is currently pending in McHenry County Circuit Court. Frank Kryzak contends that the surgical error happened during an operation at the Northwestern Medicine McHenry Hospital. He argues that a surgical sponge was negligently left inside his body after a cancer-related procedure which was performed on January 31st of 2023. Following the surgery, Mr. Kryzak experienced persistent swelling around his wound site. There were also significant complications related to drainage. He sought a second medical opinion.
A different surgeon performed a follow-up procedure on May 31st. During that time, the other medical team discovered the retained sponge. The lawsuit claims that Dr. Aqeel Sandhu, nurse Elizabeth Romanes, and surgical technologist Meredith Gardner failed to follow proper sponge count procedures. Mr. Kryzak reportedly endured months of pain, required an additional surgery, and experienced delays in his cancer treatment as a consequence of the negligence. He is pursuing a medical malpractice lawsuit. The case is currently pending and no finding of liability has been made.
Retain Surgical Devices are a “Never-Event” in Medicine
As noted in a study published by the National Institutes of Health (NIH), “cases of wrong site/ side surgery, wrong procedure, wrong implant, and unintended retention of a foreign object after surgery or other invasive procedure were considered never events.” In other words, the unintentional retention of a foreign object—meaning anything left inside a patient’s body during surgery by a mistake—is something that is never supposed to have in the practice of modern medicine. There are no exceptions and there are no excuses. Medical professionals and medical providers should have comprehensive protocols in place to avoid these mistakes.
Unfortunately, retained surgical objects is an error that does happen. Research from the Agency for Healthcare Research and Quality (AHRQ) estimates that it happens in slightly more than 1 in 10,000 surgical procedures. When a surgical instrument, sponge, or other object is left inside a patient, it can lead to severe complications, including infections, organ damage, and the need for additional surgery. The consequences can be life-threatening. Prevention of foreign objects being left in a patient must be a top priority for hospitals and surgical teams.
An Overview of Retained Surgical Object Medical Malpractice Claims in Illinois
Was any type of surgical object left in you or your loved one after a surgery in Chicago or elsewhere in the surrounding region? You have the right to file a medical malpractice claim to get justice, accountability, and financial compensation. Here are key points to know about Illinois law for retained surgical device medical malpractice claims:
- The Definition (Retained Surgical Object): A retained surgical object occurs when a medical instrument, sponge, or other item is accidentally left inside a patient’s body during surgery. Some common objects include sponges, gauze, forceps, clamps, and needles.
- The Legal Standard for Medical Malpractice: To succeed in a malpractice claim, the patient must show that a doctor-patient relationship existed, that the medical provider failed to meet the accepted standard of care, and that the retained object directly caused harm. In Illinois, healthcare providers are required by law to follow strict safety protocols. Among other things, this includes conducting accurate surgical counts and using proper verification procedures. Failing to follow these protocols can be considered negligence.
- Res Ipsa Loquitur Applies in Retained Surgical Object Cases: Res Ipsa Loquitur is a Latin term that means “the thing speaks for itself.” Illinois courts recognize that retained surgical objects fall under this legal doctrine. In effect, it means that negligence is so apparent that no further proof is needed beyond the fact that the object was left inside the patient.
- Patients Need Compensation for their Damages: Through a medical malpractice claim in Illinois, patients may be entitled to compensation for medical bills, additional surgeries, long-term health care complications, loss of wages, loss of earning power, pain and suffering, and other non-economic damages.
- Special Considerations for the Statute of Limitations: In Illinois, medical malpractice victims generally have two years from the date they discover the malpractice to file a claim. However, retained surgical objects are not always reasonably discoverable. If the malpractice is not discovered right away—as frequently happens in these cases—the statute of limitations can be extended to four years from the date of the surgery.
How Our Chicago Medical Malpractice Lawyers Can Help
Medical malpractice cases are complicated. Even if you were the victim of a retained surgical device during an operation, it can still be challenging to get justice and full and fair compensation for your injuries and other medical complications. You do not have to take on malpractice insurance companies alone. At Kennedy Watkins LLC, our Chicago attorneys are proud to put patients and their families first. With a strong and comprehensive record of verdicts and settlements, our Chicago medical malpractice lawyers offer free, confidential, and no obligation consultations.
Contact Our Chicago Medical Malpractice Attorney Today
At Kennedy Watkins LLC, our Chicago medical malpractice lawyer is standing by, ready to review your case and explain your rights and your options. If you or your loved one was the victim of a retained surgical device during an operation, we can help. Call us now or get in touch with us online for a free, no obligation, and fully confidential consultation. From our Chicago law office, our firm handles medical malpractice cases in Cook County and all across Northern Illinois.