Wrong-Site Surgery and Retained Surgical Objects in Michigan
Wrong-site surgery and unintentionally retained surgical objects are serious patient-safety events that can support a Michigan malpractice claim when negligent care causes injury. A case review must establish what happened, who was responsible, and how the event harmed the patient. Even an apparent surgical mistake requires careful medical and legal investigation.
If you learned that surgery was performed in the wrong place, or that something was left inside your body, you may be trying to manage another medical problem while struggling to understand the first. Hoffer & Sheremet's Grand Rapids-based medical malpractice attorneys help seriously injured patients and families throughout Michigan investigate those questions.
Current symptoms need medical care: Contact your treating team promptly about new or worsening symptoms after a procedure. Call 911 for severe trouble breathing, collapse, or other emergency symptoms. Do not wait for a legal review to seek care. Symptoms alone cannot establish that an object was retained.
What counts as wrong-site surgery?
Wrong-site surgery means a procedure is performed at an incorrect anatomical location. It may involve the wrong side of the body, the wrong finger, or the wrong spinal level. Related events include performing the wrong procedure or operating on the wrong patient. These problems can arise in outpatient and other invasive procedures as well as in a hospital operating room.
AHRQ identifies wrong-site, wrong-procedure, and wrong-patient surgery as serious preventable safety events. The label describes the safety problem; it does not eliminate the need to prove the elements of an individual legal claim. AHRQ explains wrong-site and related surgical errors.
The records must establish the procedure actually intended and the procedure actually performed. An unexpected incision, a change in the surgical plan, or an operation that did not relieve symptoms does not automatically mean the surgeon operated at the wrong site.
What safeguards are designed to prevent wrong-site procedures?
The Joint Commission's Universal Protocol uses several checks that work together:
- Preprocedure verification: Confirm the patient, planned procedure, site, consent, and relevant records or images.
- Site marking when applicable: Identify the intended location using an unambiguous process appropriate to the procedure.
- A time-out: The immediate procedure team actively confirms the correct patient, site, and procedure before starting and resolves concerns.
These protections depend on meaningful communication. A box marked “time-out completed” is evidence of documentation, but it does not answer every question about what the team actually checked. The Joint Commission's Universal Protocol guidance describes these steps.
Is a mark on the skin required for every procedure?
No. Some procedures and anatomical locations require a different approach. For spinal procedures, a general skin mark does not itself identify the precise vertebral level; imaging may be needed to locate the intended level. The appropriate process depends on the procedure and applicable standards. Current Joint Commission site-marking guidance explains exceptions and alternatives.
In an investigation, we ask whether the team recognized and resolved conflicting information. For example, did the schedule, consent, imaging, and patient's understanding agree? If they did not, what happened before the procedure began? These are review questions, not conclusions about an individual provider.
What is a retained surgical object?
A retained surgical item is material used during a procedure that was unintentionally left in the patient when it should have been removed. Examples can include surgical sponges, instruments, needles, guidewires, or pieces of devices. “Retained surgical object” and “foreign object left after surgery” are common ways patients describe the concern. AHRQ's definition of retained surgical items explains the patient-safety terminology.
Intended implants and temporary packing are different
Not everything visible on a scan is a surgical error. Clips, sutures, prostheses, mesh, and other implants may be intended to remain. Packing or a drain may be deliberately left temporarily as part of treatment. The operative record, purpose of the material, communication to the patient and next team, and removal or follow-up plan help distinguish intended treatment from unintended retention.
A device fragment also requires its own analysis. Once a fragment is recognized, the risks of attempting removal may need to be weighed against leaving it in place. A decision not to retrieve a fragment immediately is not, by itself, proof of negligence. The circumstances of the breakage, recognition, disclosure, and follow-up matter.
Does a “correct” surgical count rule out a retained object?
No. A documented correct count does not conclusively prove that every item was removed. AHRQ describes retained-item events in which the final count was recorded as correct. Conversely, an incorrect count may lead to further checking that finds a missing item before the patient is harmed.
The review should look beyond the final number. What items were used? Were items added during the procedure? Was a broken instrument recognized? How were discrepancies investigated and communicated? Were any imaging or detection results interpreted and acted on appropriately? AHRQ discusses retained-item causes and prevention.
Is an X-ray required after every operation?
No. The American College of Surgeons recommends a combination of standardized counts, methodical wound examination, appropriate materials, communication, and imaging or detection technology when indicated. It also recognizes that life-threatening situations can affect how safety measures are carried out. An investigation must examine the actual procedure and circumstances rather than assume one test is required in every case. Read the ACS retained-item prevention statement.
Imaging is one part of the inquiry. The type and location of the suspected item, the study obtained, and the interpretation can all matter. A negative image does not excuse ignoring other unresolved evidence, and a positive image does not establish who caused the problem without reviewing the surrounding care.
What injuries can these surgical events cause?
Wrong-site surgery can injure a previously unaffected body part, leave the original condition untreated, or expose a patient to another procedure. The specific harm depends on what was done and the patient's condition.
A retained item may be discovered promptly or much later. Depending on the item and its location, it can contribute to infection, tissue or organ injury, and the need for additional treatment or removal. Some items are discovered during imaging obtained for another reason. A patient may have symptoms, few symptoms, or symptoms with another explanation.
The investigation must connect the event to the patient's actual injuries. It should distinguish the expected recovery from the intended operation from additional harm caused by the error. A repeat operation, prolonged hospital stay, permanent impairment, or a serious infection may require particular attention.
Our pages on surgical errors, bowel injuries, and sepsis address related concerns.
How do Michigan lawyers evaluate these claims?
Michigan malpractice law requires proof of a departure from the applicable standard of care, causation, and injury. Under MCL 600.2912a, the patient must establish that the negligence more probably than not caused the injury.
Identify the failure and the responsible providers
An operating room involves multiple professionals with different responsibilities. The investigation may consider the surgeon, nursing team, other procedural specialists, and the facility. Responsibility cannot fairly be assigned from a job title alone. The records must show each person's role and whether that person's conduct contributed to the injury.
A facility's checklist or safety policy can help explain the workflow, but violating an internal rule does not automatically establish malpractice. Michigan courts distinguish an internal policy from the legal standard of care. The Michigan Courts benchbook discusses that distinction.
Explain the causal connection
The medical evidence must answer how the wrong procedure or retained item caused additional harm. If there were several surgeries, reviewers may need to determine when the item was introduced. If a later provider missed the finding, the investigation may also consider whether that delay caused a separate injury.
The discovery of an object is important evidence. It is not a substitute for analyzing its origin, whether it was intended to remain, and its effect on the patient.
Document the consequences
A claim evaluation considers further medical care, time away from work, help needed at home, lasting limitations, and other supported losses. Michigan places limits on noneconomic damages in malpractice cases. There is no reliable case value based only on the name of the surgical error. Our recoverable damages guide explains why the evidence of harm matters.
What records and evidence should be preserved?
You do not need to investigate the operating room yourself. A legal review may need records that are not included in a routine patient-portal download, such as:
- Consent forms, scheduling information, and the planned procedure
- Operative reports and anesthesia records
- Nursing records, counts, and time-out documentation
- Original imaging and reports before, during, and after the procedure
- Implant and device records, including documentation of breakage or planned retention
- Follow-up visits, phone calls, and portal messages about symptoms
- Records of corrective treatment or removal
If an item is being removed, you or your attorney can ask the treating facility how the item and related records will be documented and preserved. Do not handle medical waste or delay necessary treatment to obtain evidence.
Keep your discharge instructions, photographs you already have, bills, and a short account of what you were told. Record dates as accurately as you can, and distinguish your own recollection from information someone later gave you. An attorney can discuss what further preservation steps are appropriate.
What if the object is found months or years later?
Later discovery does not automatically mean a claim is too late, and it does not automatically create a fresh two-year period. Michigan's discovery rule, limitations period, and statute of repose can interact in complicated ways.
The law includes a six-month discovery provision and generally a six-year outer limit, subject to statutory exceptions. When a person discovered or reasonably should have discovered a potential claim can be disputed. MCL 600.5838a addresses these rules.
Get legal advice promptly after learning about a possible retained object. Do not assume there is a special unlimited deadline because the item was hidden inside the body. Our Michigan filing-deadline guide explains the broader framework.
Frequently asked questions
Does a retained sponge automatically mean I will win a malpractice lawsuit?
No attorney can promise that result. A retained sponge is a serious finding, but the case still requires investigation of the care, responsible parties, injury, and applicable deadlines. Proof must support the particular claim being made.
Can wrong-site surgery happen even if I signed a consent form?
Yes. A consent form is one piece of evidence about the intended procedure; it is not proof that the correct operation occurred. Reviewers compare the consent with the treatment plan, relevant images, verification process, and operative findings.
What if the hospital says the object is a normal surgical clip?
Some clips and other devices are deliberately left in place. The operative report and imaging can help identify what the item is and why it is there. Do not assume that every implanted object is negligent or that a general explanation resolves a specific concern.
Must I undergo another surgery to have a claim?
Not necessarily. The legal question is whether negligent care caused a compensable injury. Additional surgery may be important evidence of harm, but the treatment needed and the legal merits depend on the individual circumstances.
Do I need a medical expert if the mistake seems obvious?
Medical evidence remains important, particularly for identifying the injury and explaining causation. Michigan also has specific procedural requirements for malpractice cases, including an affidavit-of-merit statute. A lawyer should determine what expert support the particular claim requires. See MCL 600.2912d.
What should I bring to the first conversation with a lawyer?
Start with the procedure date, facility, names you know, when the concern was discovered, and the medical consequences. Bring any records you already have, but do not wait to request a consultation until you have obtained the full chart.
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If wrong-site surgery or a retained surgical object caused a serious injury, Hoffer & Sheremet can help you understand whether the evidence supports a malpractice claim. We work with patients and families in Grand Rapids, West Michigan, and throughout Michigan.
Call 616-278-0888 or request a free, confidential case review. Tell us what happened, what you have learned, and how your health and daily life have changed.
This page provides general information, not medical advice or legal advice for a particular matter. Contacting the firm does not establish an attorney-client relationship; representation begins with a signed engagement agreement.