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  5. What happens when a surgical instrument is left inside a patient?

What happens when a surgical instrument is left inside a patient?

On Behalf of Shapiro, Cohen & Basinger Trial Lawyers | Oct 13, 2026 | Firm News

Finding out that a surgical instrument was left inside your body can be frightening. This is called a retained surgical item. It can cause infection, pain, internal damage or the need for another surgery. For patients in Chicago and across Illinois, these injuries can also lead to high medical bills, lost wages and emotional stress. Knowing what to do can help protect your health and legal rights.

What are the warning signs?

Symptoms may start soon after surgery or appear months later. Common signs include:

  • Ongoing or worsening pain
  • Fever or signs of infection
  • Swelling or tenderness
  • Nausea or vomiting
  • Unusual wound drainage
  • A wound that does not heal

These symptoms can have other causes. If you have severe pain or a fever after surgery, seek medical care promptly. Doctors may use X-rays, CT scans or other tests to find a retained object. Treatment depends on the object’s location and the harm it causes.

What should you do next?

If you suspect a surgical item was left inside your body, take these steps:

  • Get medical care: Ask a doctor to check your symptoms and explain your treatment options.
  • Request medical records: Keep copies of surgical notes, test results and discharge papers.
  • Save bills and receipts: Record medical costs and lost income.
  • Track your symptoms: Write down your pain, treatment and how the injury affects daily life.

Do not delay medical care while gathering records.

Can you seek compensation?

If medical negligence caused your injury, you may be able to seek payment for:

  • Additional treatment or surgery
  • Hospital bills and rehabilitation
  • Lost wages and future earnings
  • Pain and emotional distress

The amount depends on the injury, its effects and the available evidence. A retained item does not automatically prove negligence.

What are the legal deadlines in Illinois?

Illinois generally gives patients two years to file a medical malpractice lawsuit after they knew, or reasonably should have known, about the injury and its possible cause. A separate four-year deadline generally applies from the alleged wrongful act, subject to exceptions.

Special rules may apply to children and other cases. Do not assume the deadline starts when the object is removed or treatment ends. Acting early can help preserve evidence and protect your legal options.

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