Category Archives: Personal Injury

What is a Retained Surgical Instrument?

A retained surgical instrument is any material used in a surgical procedure that inadvertently gets left behind. The material can range from a scalpel to towels, although the most frequently retained surgical instrument is a sponge. A retained sponge happens frequently enough that it actually has an official name – gossypiboma. This term also applies to a left towel, and an alternative term is textilioma.

There is no official term for a retained scalpel; indeed it seems highly unlikely that something like a scalpel can be left inside the body after surgery. But it actually happens more often than one would think. It is so much so that there have been considerable efforts made in improving the surgical process to prevent retained surgical instrument errors. Based on a recent study, it is estimated that retained surgical instrument occurs in 12.5% of all surgeries in the US.

This is perhaps not surprising considering that a minimum of 250 instruments are used in any given surgery. According to an article on the website of Massachusetts medical malpractice lawyers Crowe & Mulvey, LLP, there are a few common and preventable types of surgical errors that a patient may fall victim to. Retained surgical instrument is one of them and while it may be understandable, they are not excusable. The consequences of retained surgical instrument in the human body can range from the uncomfortable to the downright deadly, and will definitely lead eventually to injury and perhaps removal surgery. Some cases such as gossypiboma may not even be detected until years later. This has both health and financial costs to the patient.

Retained surgical instrument errors are clear examples of negligence on the part of the surgical team. If you or someone close to you find out that it has been done to you, consult immediately with a surgical errors lawyer to find out your legal options.

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Single Vehicle Motorcycle Accidents

It is not necessary for a vehicle to make contact for the driver to be liable. A single vehicle motorcycle accident can result from a rider being forced off the road by another vehicle. It could simply be because the other driver did not look before changing lanes, or is simply a bad driver. In either case, a motorcycle rider’s instinct is to avoid being rammed or hit. As pointed out on the website of Ali Mokaram from the Mokaram Law Firm, even the most skilled and responsible motorcycle operator will have no chance against a negligent motorist.

In such cases if the incident results in serious injury to the motorcycle rider, it is possible to hold the other driver liable for medical bills, repair or replacement of property and other actual expenses as well as pain and suffering.

The plaintiff will have to identify the vehicle that caused the accident in order to file a personal injury claim. Fortunately, many city streets are now equipped with closed circuit television (CCTV) which can make it easier to pinpoint the culprit. Witnesses may also need to be deposed to determine the sequence of events that will prove the actions of the defendant was the proximate cause of the single vehicle motorcycle accident, which resulted in the injuries and/or property damage. If the incident happened on a rural road without CCTV coverage, and there were no witnesses, then it may be very difficult to substantiate the facts of the claim as laid out.

In most states for personal injury cases, the burden of proof is on the plaintiff, so it is quite important that all the documents for a single vehicle motorcycle accident is submitted. If you are planning to file a single vehicle motorcycle accident claim against another individual who caused you harm, consult with a car accident lawyer who knows his or her way around the track. This will ensure the greatest chance of success.

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