Retained Surgical Items Lawyers in the United States (2026)
An object found after surgery may be something called a retained surgical item. You can discuss a possible claim with a lawyer using the questions below.
Of the 524 firms on our 92 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.
Best Retained Surgical Items Lawyers in the United States
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This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.
4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews
Best for: Birth injury and hospital negligence
In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews
Best for: Misdiagnosis and surgical injury claims
Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews
Best for: Delayed diagnosis and anesthesia injuries
An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.724 Google reviewsRated 4.7 out of 5 on Google from 24 reviews
Best for: Misdiagnosis and surgical injury claims
A $12 million misdiagnosis result stands out among the cases published by The Law Offices of Cardaro & Peek, LLC. For negligent surgery, it lists a $7.9 million result; for breast cancer misdiagnosis, it lists $7.1 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.7226 Google reviewsRated 4.7 out of 5 on Google from 226 reviews
Best for: Birth injury and delayed diagnosis
Among Wapner Newman Attorneys At Law's listed results are $8.4 million for brain injury after a delayed diagnosis and $7 million for birth trauma causing brain damage.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Retained surgical items lawyers by state
The rules change from one state to the next, so the lawyers near you are the ones to call.
If a sponge or instrument was mistakenly left inside you during surgery, you may have grounds for a medical malpractice claim. To review that claim, a lawyer needs to check whether the object hurt you and what standard your surgical care should have met. Your health needs attention first. Once you've addressed that, ask a lawyer in your state to review your records, including how much time you have to file.
It can be unsettling to learn that something stayed inside you after surgery. Before you know who was responsible, you can still ask someone to review your case. The lawyer can start with the documents you have (particularly anything naming the object), so bring those along and explain what you still don't understand.
What is a retained surgical item?
When a supply or device is mistakenly left where surgery took place, it's called a retained surgical item. It wasn't meant to stay. The 2025 article in Frontiers in Medicine uses the term retained surgical foreign bodies for these objects and generally considers them “never events.”
“Unintentionally” matters here. Your treating clinician can explain whether the object was meant to stay, so ask if you're told something is still inside you after surgery. An object mentioned in your surgical record might have been meant to stay, rather than left by mistake.
Claims listed on Pond Lehocky's page on foreign-object lawsuits involve surgical sponges, as well as drill bit fragments. The list also includes scalpels and suture needle tips. Even when a lawsuit sounds familiar because it involves the same object, it doesn't explain what happened during your own operation.
How it happens, and what to ask about warning signs
If an item wasn't meant to stay at the surgical site, leaving it there is an error. To understand why it stayed behind, someone needs to review what the surgical team did during the operation. Ask a lawyer to review the object's details in the surgical record, including which hospital records could show how the team kept track of items during surgery.
Leave gaps rather than guess. Write down the name of anyone who told you a sponge was missed, along with what they said (as close to their own words as possible). So your recollection doesn't get mistaken for a chart entry, keep those conversation notes apart from the medical records.
Your treating clinician, not a lawsuit description, can explain which warning signs you should watch for after surgery, so take those questions to them. When you ask about changes that need prompt attention after surgery, make sure you understand what to do if you notice one. Recovery comes before paperwork. Don't wait for a chance to speak with a lawyer before getting medical advice if you're worried about your health right now.
When a retained item may be malpractice
Before deciding whether you can sue, a lawyer needs to review your case, even if the object carries the patient-safety label “Never event”. Ask a lawyer in your state whether your records support a claim, and have them explain the standard of care they'd use to assess what happened. The lawyer can start with the object that was found.
What should you have received from the surgical team during your operation? Ask your lawyer what evidence would show the care you should have received, which is what the standard of care concerns. Ask them to explain each part. Would an expert witness need to explain what went wrong with your care if the surgical team didn't meet that standard?
A hard recovery doesn't, by itself, show that the surgical team fell short. Even if the hospital's explanation reassures you, someone still needs to review the surgery records, especially what they say about the object found inside you. Someone needs to examine the operation itself before deciding whether the team fell short, whatever either account says.
Causation and harm
An error alone isn't enough to show causation; you have to show how that alleged error caused the injury you're claiming. Harm means the injury the patient suffered, including what they lost because of it. Because the object may not explain every problem since surgery, someone needs to check how the injury happened, not just establish that you were injured.
Describe what's changed since surgery, even if you don't know the medical reason for those changes. Bring documents supporting any money you believe the event cost you, making sure to include records of time you missed from work. Which of those losses, if any, can you claim under your state's law? Ask your lawyer about that.
Patients who've been injured may be entitled to compensation for physical pain and emotional trauma, according to Bailey Fisher's retained-item page. Whether your claim qualifies still needs to be checked. That statement isn't enough to establish a claim for a particular patient, and it says nothing about what that patient's case might be worth.
A published award isn't a valuation of your case
Award reported in The Higgins Firm's title, “Surgical Sponge Left in Patient Results in $525K Award”
The Higgins Firm reports an award involving a surgical sponge; it's one case. You can't use that one award as a price for every sponge left behind. Publishing the account doesn't show that the firm handled the case or obtained the award, so don't assume it did.
To claim compensation, what would you need to establish through your own records? Ask your lawyer which parts of those records matter. Another firm's website hasn't reviewed your records, so it can't answer that question. A dollar figure on that site won't explain your symptoms, much less tell you which damages you can claim under your state's law.
Who may be responsible?
Before naming someone in your complaint, you'll need more to go on than their job title. Which records would show what each person did, so their actions can be reviewed? Ask the lawyer who's looking through your records. You can describe what happened without first deciding which person was to blame.
The Hospital & Nursing Negligence page may help you prepare to talk about the hospital's handling of the incident if that concerns you. The Misdiagnosis & Delayed Diagnosis page addresses concerns about later care that you think missed the retained item. When you raise these related concerns with the lawyer, don't treat them as established findings of liability.
Deadlines differ by state
When you're filing a medical malpractice claim, the deadline depends on the state. Don't rely on a deadline you found for another state, and don't assume discovering the object gives you unlimited time to file. How do the rules apply to your surgery and discovery dates? Ask a lawyer in your state to explain.
After looking at the state pages, ask for advice about your timeline. If your state has a foreign-object rule, would that change your filing deadline? Before you rely on the possibility of that rule, have someone check whether it applies.
What to do next
Prepare for a retained-item case review
1
Address your medical questions
What does the finding mean, and what care is recommended? Ask your clinician. Your treating team should help you make health decisions. If you have a medical concern now, don't put off asking about it while a legal review is pending.
2
Request the relevant records
When you request records, ask for the operative report and the document identifying the retained item. Ask for the removal procedure's records too, if someone removed it. Tell your lawyer which records you've requested, then explain what the hospital has supplied so far.
3
Write a dated account
When you write down the surgery date, also describe when you learned about the object. In your own words, include the relevant conversations. Mark an uncertain date as approximate; don't present it as exact when you're not sure that's right.
4
Gather documents about the impact
If you connect expenses to the event, save the bills and documents that support them. Describe how it affected you through concrete examples; a dollar estimate borrowed from someone else's case won't describe what happened to you.
5
Ask a state lawyer to assess the claim
Early on, request a deadline check. When you discuss what your records show about the standard of care, also ask what evidence you'd need to connect the retained object to the harm you're claiming.
Don't worry about polishing your file first. With a brief account and the documents you already have, the lawyer has something concrete to discuss with you. If you know an object was found but don't yet have the written report, say so plainly and explain what else is missing.
Questions for a lawyer before you hire
Ask the lawyer to describe their experience, including whether they handle claims involving retained surgical items. When they show you a published result, find out whether their firm handled the case. How was the firm involved?
Before you confirm my filing deadline, which facts must you check, and what is the deadline?
To assess whether the object caused my injury, what medical evidence would you need?
When someone reviews my records, who will explain whether you're taking the case?
Under the fee agreement, how are legal fees handled, along with the case's expenses?
What deadline might I still need to act on if you don't take my case?
When discussing fees, keep them separate from promises about results. Ask for a plain explanation of the agreement before you sign, including what happens to expenses if the case doesn't recover any money.
Can I sue if a surgical sponge was left inside me?
If this happened, you may have grounds for malpractice. Ask a lawyer in your state to review your particular case; they'll need to assess which standard of care applies and whether the sponge caused harm, even with the finding. If you have the record identifying the object, bring it. Before you collect every document, ask about the filing deadline rather than waiting.
What counts as a retained surgical item?
According to Frontiers in Medicine, retained surgical foreign bodies are supplies and devices that were unintentionally left at the surgical site. For examples, Pond Lehocky's lawsuit page lists surgical sponges, along with drill bit fragments. Before concluding that an error occurred because your records mention an object, ask your clinician whether it was supposed to stay there.
Is a retained surgical item a never event?
According to the 2025 Frontiers in Medicine article, retained surgical foreign bodies are generally considered “never events.” Even with that label, every part of a legal claim isn't established. Before assuming it settles liability, ask your lawyer what “never event” means for your case; they still need to review the circumstances and alleged harm under the applicable state's rules.
What are the warning signs of a retained surgical sponge?
Ask your treating clinician which changes after your operation need assessment and have them explain. You can't decide from symptoms alone that a sponge was left behind, nor can you use a lawsuit page to rule it out. Have the clinician explain the finding and recommended next care if an object has been identified. When you go to your legal consultation, bring those records.
How long do I have to file a retained surgical item lawsuit?
Deadlines depend on the state. Because the dates matter, tell your lawyer when you had surgery and when you first learned that an object might have been left behind. Does a foreign-object rule apply, or does another time limit affect your claim? Ask. Start with the state pages, but don't treat them as a calculation of when you must file.
How much is a retained surgical sponge lawsuit worth?
Don't use another case's award to set your claim's value. Although The Higgins Firm reports a $525,000 award in a surgical sponge case, that amount doesn't predict yours. Ask a lawyer what your medical records support before discussing possible value, including which losses state law may allow you to claim. What is still uncertain? Ask that, too.
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