Something left in your body after surgery? You deserve a straight answer about what went wrong.
Doctors and hospitals have their own lawyers and insurers from day one. We get the records, have independent doctors review them, and tell you honestly whether you have a case. Free case review, no fee unless we win, and a real person answers 24/7.
Get your free case evaluation
Three fields. We call or text you back within the hour.
Do these four things now
The first few days decide a lot of cases. In order:
What you can get paid for
A malpractice claim covers the harm the care caused, now and later.
Find out what your case is worthResults
Deadlines vary. Act early.
How long you have depends on the type of case and who is responsible. Some claims, such as those against a government agency, have deadlines measured in months, not years. Call early, and we find the deadline that applies to you.
Medical malpractice questions we get every day
Straight answers. No fine print.
Is every bad outcome malpractice?
Are the rules different for malpractice cases?
How much do you charge?
Medical malpractice cases in nine states
Staffed offices in Irvine, Chicago and Las Vegas, and satellite offices by appointment. We also come to you.
More about objects left after surgery
Read the full guide
Updated October 2026. General information, not legal advice about your case.
Objects left in the body after surgery: what to know
A sponge, needle, instrument or piece of a device left inside a patient after surgery is called a retained surgical item. It should never happen. Patient safety organizations treat it as a "never event" and a sentinel event: a preventable error that causes serious harm (AHRQ Patient Safety Network). Surgical teams use counts, and often technology such as bar codes or radio tags on sponges, to prevent it.
Signs that something was left behind
Some people have symptoms within days, and others not for months or years. Symptoms can include ongoing pain at the surgical site, fever, infection, swelling, a mass, or bowel problems. Imaging such as an X-ray or CT scan often finds the item. A second surgery is usually needed to remove it.
Who can be responsible
- The surgeon, who leads the operating room team
- The hospital or surgery center, for its nurses, its counting procedures and its staff
- Other members of the surgical team, in some cases
These cases are often clearer than other malpractice cases, because the object itself shows that something went wrong. Medical experts still review the records, and California's special malpractice rules apply, including a notice before a lawsuit and limits on some damages. See medical malpractice.
Keep the evidence
If the object is removed, ask in writing that the hospital keep it, and ask for the operative report, the pathology report and the surgical count records from both surgeries. Keep your imaging reports.
What to do now
- Get medical care. A retained item can cause a dangerous infection.
- Request your records from the first surgery and from the removal.
- Write down your symptoms and when they started.
- Do not sign anything from the hospital or its insurer.
- Call us. Deadlines vary, and the time can depend on when the object was discovered. Call early. There is no fee or cost unless we recover money for you.
Not sure if you have a case? Call anyway. It's free to ask.
Someone answers 24/7. English and Spanish. No obligation.
New clients 888.845.9696Existing clients 888.222.8286
This is a paid advertisement for TORKLAW, not an offer or guarantee of results. Every case is different and must be evaluated on its own merits. Some matters may be referred to partner firms as appropriate. Contacting us does not create an attorney-client relationship. Tracy R. Horn, Esq. is responsible for this advertisement. Main Office: 18650 MacArthur Blvd, Suite 300, Irvine, CA 92612.