Medical “never events”: when medical devices are left behind during surgery

The term “Never Event” refers to shocking medical errors—such as wrong-site surgery—that should never occur. 

Surgical devices left inside a surgical opening exemplifies a medical “never event”

We handle medical malpractices cases involving the accidental deposit of a medical device into a surgical opening. Medical devices are left behind during surgery comprises a “never event”. For various reasons, the device gets left behind by the surgical team and remains inside the patient and in some cases forever.

Never event matters may be fraught with cross-blaming among multiple defendants. The surgeon will blame the device maker. The device maker will blame the surgeon. The surgical team will blame the device maker and the surgeon. Such was the case in which we represented Jacqueline Goldman against Medtronic and her surgeon in the lawsuit styled Goldman v. Medtronic, et al. (Case No. 17 L 008212) in the Circuit Court of Cook County, Illinois.

Broken trocar remains located in and removed from Jacqualine Goldman’s abdomen following robotic hysterectomy

During the two years following her robotic hysterectomy, Goldman repeatedly returned to her surgeon, reporting severe abdominal pain. Goldman felt that her complaints were minimized or disregarded. During one post-surgery visit, Goldman flatly accused her surgeon of leaving a medical device inside her abdomen. Ultimately, the trocar part left inside Goldman’s abdomen was located and removed during a later surgery.

Goldman continued to treat with the same surgeon who re-assured her that nothing was wrong. Thus the statute of limitations did not bar her claim filed more than 2 years after her original surgery.

Goldman’s surgeon unsuccessfully sought to dismiss her lawsuit on statute of limitations grounds. The surgeon claimed she filed more than 2 years after the surgery.

We defeated the argument. Illinois courts find where there is uninterrupted and ongoing treatment with a medical provider following a medical mistake, the mistake continues.

Successful case result

The case ended with a global confidential settlement, resolving the case against all Defendants.

Contact us about your case

If you have questions about a medical incident which you believe resulted in your injuries, please contact us now.