What Are Your Legal Options if a Surgeon Leaves an Object in Your Body?

 Posted on October 13, 2026 in Medical Malpractice

During any surgery, you would naturally hope to receive the highest standard of care. When a surgeon leaves something inside your body that doesn’t belong there – such as a tool or implement – it may require extensive treatment to correct. For legal information about your options after a wrong-site surgery, reach out to a Rockford, IL medical malpractice attorney.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we have won millions for injury victims throughout Illinois, including many verdicts and settlements involving negligence by medical professionals. We will fight for your rights, seeking full payment for any damages that you may have suffered due to a foreign object left in your body.

What Kinds of Objects Can Get Left Behind in the Body After a Surgery?

Many different objects can get left behind in a patient’s body after surgery. Surgical teams use dozens of tools and supplies during a single operation. Staff are supposed to count each item before the first cut and again before the incision is closed. When that count is rushed or skipped, something can stay inside. Common examples include:

• Surgical sponges and gauze pads

• Needles and suture pieces

• Clamps and forceps

• Scalpel blades

• Retractors

• Guide wires and pieces of catheters

• Broken tips from surgical instruments

Sponges are the most frequent problem. They soak up blood and blend in with tissue, so they are easy to miss. A retained object can cause infection, pain, bowel blockages, or organ damage. Some patients feel sick within days. Others go months or even years before a scan finally shows the cause. In most cases, a second surgery is needed to take the item out. That means more pain, more bills, and more time away from work and family.

What Damages Can You Be Paid for in a 2026 Medical Malpractice Claim?

The damages you can be paid for in a medical malpractice claim depend on how the error affected your health and your life. Economic damages cover the costs you can add up with bills and pay stubs. This can include the second surgery to remove the object, hospital stays, medication, follow-up care, and physical therapy. It can also include wages you lost while you healed. If the injury limits your ability to work in the future, you can seek payment for that lost earning power too.

You can also be paid for pain, emotional distress, scarring, and loss of enjoyment of life. Finding out a tool was left inside of you can be traumatizing. Many patients lose trust in doctors and dread future medical care. That harm is real, and it belongs in your claim.

Illinois does not place a cap on damages in medical malpractice cases. The value of each claim still depends on the facts, the medical records, and the strength of the proof. If a retained object leads to a patient’s death, the family may be able to bring a wrongful death claim.

What Evidence Do You Need to Document After a Surgeon Leaves Something in Your Body?

Evidence after a surgeon leaves something in your body should prove three things. It should show the object was left behind, when it happened, and how it hurt you. Start by asking for a full copy of your medical records. Your operative report describes what happened during the surgery. The surgical count sheets show whether the staff counted sponges and tools, and whether the final count was correct.

Imaging is often the strongest proof. An X-ray, CT scan, or MRI that shows the object can link your symptoms to the earlier surgery. If the object is removed, ask the hospital in writing to save it. The item itself can show what it was and where it came from.

Your own records help too. Keep a journal of your pain, symptoms, and doctor visits. Save every bill, receipt, and pay stub tied to your injury. Write down the names of the doctors and nurses who treated you. Take photos of scars or wounds as they heal. 

What Is a Certificate of Merit?

A certificate of merit is a document Illinois requires when you file a medical malpractice lawsuit. It shows the court that your claim has real support before the case moves forward. To meet this rule, your attorney must file an affidavit along with a written report from a qualified health care professional (735 ILCS 5/2-622). That professional reviews your records. Then the reviewer explains in writing why there is a reasonable basis for the claim.

The goal of the rule is to weed out claims that lack support. In a retained-object case, the facts can seem obvious. A sponge should never be left inside a patient. Even so, the certificate of merit is still needed. Leaving it out or filing a weak report can lead to the case being dismissed.

Preparing a certificate of merit takes time. Your attorney has to gather records and find the right medical reviewer. Illinois also has strict deadlines for filing medical malpractice claims. Speaking with a lawyer early gives your legal team time to prepare this document the right way.

Should You Accept a Settlement Offered by a Hospital?

A settlement offered by a hospital after a retained-object injury should be reviewed carefully before you accept it. Hospitals sometimes reach out quickly. They may apologize, offer to waive your bills, or offer a sum of money. These offers can feel like a relief, especially when you are in pain and worried about costs.

An early offer is often made before anyone knows the full extent of your injury. You may need more treatment later. You may miss more work than you expect. Once you sign a settlement, you typically relinquish the right to ask for more money, even if your health gets worse. Most settlement papers include a release that ends your claim for good.

Waiving a hospital bill is also not the same as a full settlement. It may not cover your lost wages, future care, or pain and suffering. Before you sign anything, have a lawyer review the offer. A lawyer can compare it to the real value of your claim and explain your options. You can take time to ask questions without pressure to decide right away.

Contact Our Winnebago County, IL Medical Malpractice Attorney

A surgical error like a retained sponge or instrument can leave you facing another operation, new bills, and a long recovery. At Mannarino & Brasfield, A Division of Schwartz Jambois, we review your records, work with medical reviewers, and handle the claim process so you can focus on healing. Contact our Rockford, IL personal injury lawyers or call 815-215-7561 to schedule a free consultation.