Last Updated 29/07/2025. This guide will examine who could be eligible to make a medical negligence claim for a retained foreign object post-procedure. An instance such as this can be considered surgical negligence, a form of medical negligence. It’s when an object, possibly a surgical instrument, is accidentally left inside the patient following a procedure.
There’s also information regarding what harm a retained foreign object could cause and what action you could take after the event. Additionally, you can read about how compensation for a medical negligence claim is calculated.
If you have any questions or need additional information, feel free to reach out to our advisors at any time of the day or night. They can also inform you of the benefits of working with one of our No Win No Fee solicitors to assist you with your claim.
Read on for more information, including our contact details – which you’ll find below:
- Call us on 0800 073 8804.
- Contact us online.
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Select A Section
- How To Claim For A Retained Foreign Object
- Can I Claim For A Retained Foreign Object On Behalf Of Another Person?
- What Harm Could A Retained Surgical Item Cause?
- What Evidence Would I Need To Claim For A Retained Foreign Object?
- How Much Could You Claim For Surgical Negligence?
- Talk To Us About No Win No Fee Medical Negligence Claims
- Learn More About Retained Foreign Object Claims
How To Claim For A Retained Foreign Object
In order to make a clinical negligence claim, certain criteria need to be met. Otherwise, your claim will not be valid. A duty of care is something that a surgeon owes to all of their patients. It means that surgeons must provide their patients with a service of reasonable skill and care. So, if you were in the care of a surgeon, they would have owed you this duty. It is when this duty is not adhered to and leads to harm or injury that a medical negligence claim is possible.
Therefore, to hold a valid medical negligence claim, you must satisfy the following criteria:
- A medical professional or hospital owes you a duty of care
- They breached this duty through actions or omissions
- This meant that you suffered avoidably.
In some cases, the presence of a retained foreign object is an example of a surgical never event. Very often, these foreign bodies will need to be removed surgically, which means further injury to the patient.
Time Limits To Make A Claim
A medical negligence claim needs to adhere to the time limits found in the Limitation Act 1980. This means the legal proceedings must be initiated in the court generally within 3 years. The starting point could be the date the foreign object was left inside your body or the date you discovered the medical negligence.
However, there are exceptions that can allow you to begin a claim later than 3 years. To find out more about the time limits when claiming due to a surgical error, get in touch with our advisors today or keep reading.
Can I Claim For A Retained Foreign Object On Behalf Of Another Person?
Yes, you can claim for a retained foreign object on behalf of another person in certain circumstances. This would require you to act as their litigation friend. Litigation friends have the authority to make decisions about a claim on behalf of another person and must direct the proceedings in their best interests.
In cases where there is a pause to the general 3-year time limit, litigation friends may be appointed in order to get any potential retained foreign body claims underway a lot sooner. That pause applies to:
- Children: A minor cannot claim for themselves until they are 18. This means time limits only take effect from that point, giving them until 21 to start their claim if no litigation friend is appointed.
- Individuals lacking mental capacity: Mentally incapacitated adults can also not claim without a litigation friend. Time limits are paused altogether unless capacity is regained. Then, the standard 3 years apply from the date that capacity returns.
While a parent or guardian often acts as a litigation friend, in reality, any adult who meets the suitability criteria can apply or be appointed by the court to this role. To learn more about seeking retained foreign object compensation on behalf of someone else, or to ask any questions about time limits, speak to an advisor today.
What Harm Could A Retained Surgical Item Cause?
Retained surgical items can cause a variety of internal injuries, depending on their size and other factors. In this section, we’ve provided a few examples of the damage that a retained foreign object could do.
The list is not exhaustive:
- Internal bleeding – If the foreign object is sharp, such as a surgical scalpel, there is a higher risk of certain organs and veins being perforated.
- Obstructions – Items such as gauze and surgical tape could be left inside the patient after a bowel procedure.
- Pain – Even if the retained foreign object does not physically injure you, it will still need to be removed with what could be unnecessary surgery.
- Infection/illness – Infections due to the presence of the object.
- Death – Some extreme cases could result in a wrongful death.
If you’re still wondering, “What is a retained foreign object?” and wish to know more about whether you could claim, get in touch with our advisors.
What Evidence Would I Need To Claim For A Retained Foreign Object?
You need to gather and present evidence when making a surgical negligence claim.
- Medical records – your medical records can be very useful. These will have details regarding the retained foreign object and the actions needed to rectify this.
- Images or photographs – you may want to take images of any additional scarring that resulted from the removal of the foreign object.
- Witness contact details – note down the contact details of anyone who attended the hospital with you or was there when you received the news about the retained foreign object. A statement may be needed later on.
- A diary – to record the effects that the foreign object had on you and your physical and mental health
In addition to these, you will be invited to attend an independent medical assessment as part of your claim. The medical professional who examines you will not be affiliated with the original incident. They will compile a report that can be used when it comes to valuing your claim.
Also, your circumstances may be subject to the Bolam test. This will be arranged for you, but it is where a group of relevantly trained professionals assess the standard of care you received to see if the medical professional was negligent.
When making a claim, we also advise that you seek legal advice. Having an expert solicitor by your side throughout can be an invaluable asset.
How Much Could You Claim For Surgical Negligence?
Every claim is different. This is because the level of pain and suffering experienced and the financial losses brought about are different for each claimant. If your medical negligence claim is successful for a retained foreign object, your compensation may be made up of 2 heads of loss:
- Firstly, we have general damages that will compensate for the harm you experienced.
- The second head is special damages and may be awarded if the harm resulted in financial loss.
When calculating the general damages, solicitors can use a report from the independent medical assessment alongside the Judicial College Guidelines (JCG). This document is useful to them because it consists of compensation guideline brackets covering all kinds of harm.
Compensation Table
We’ve included some figures from the JCG, aside from the first entry, in the table below. They are to be used only as a guide. The value of your own claim will depend on your circumstances.
| Harm Caused | Severity | Compensation Bracket |
|---|---|---|
| Multiple Instances of Severe Harm with Special Damages (e.g. Medical Expenses) | Severe | Up to £500,000 + |
| Kidney | Serious Permanent Damage/Loss of Both Kidneys (a) | £206,730 to £256,780 |
| Significant Risk of UTI/Other Loss of Function (b) | Up to £78,080 | |
| Bowels | Total Loss of Function (b) | Up to £183,190 |
| Faecal Urgency with Passive Incontinence (c) | In the region of £97,530 | |
| Bladder | Complete Loss of Function (b) | Up to £171,680 |
| Seriously Impaired Control (c) | £78,080 to £97,540 | |
| Digestive System - Traumatic | Severe Damage (i) | £52,490 to £75,550 |
| Penetrating Stab Wounds (iii) | £8,060 to £15,370 | |
| Spleen | Loss of Spleen (a) | £25,380 to £32,090 |
Examples Of Special Damages For Claims Involving A Retained Foreign Object
Some claimants can be eligible to receive another payment, called special damages. It can account for the financial impact of the harm you’ve experienced.
For example, you could be reimbursed for:
- Medical expenses, such as private treatments.
- Loss of earnings.
- Travel costs.
- Care at home.
For a full valuation of your claim for a retained foreign object or other forms of surgery gone wrong, reach out to our advisors today.
Talk To Us About No Win No Fee Medical Negligence Claims
There is a form of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). All our solicitors operate with a CFA in place. This means you have full access to their legal services without the need to pay them any solicitor fees upfront or during the claim. You also won’t need to pay these fees if the claim is lost.
If your claim wins, your solicitor takes a success fee from your compensation. However, the majority of your compensation is always kept, as the percentage the solicitor is permitted to take is capped by The Conditional Fee Agreements Order 2013.
How To Get In Contact With Our Team
You are welcome to get in touch with our advisors on a 24/7 basis. It’s free to do so, and there is also no charge for the advice we offer. If we think your claim could be valid, then we could also connect you with one of our No Win No Fee solicitors to assist you with beginning the claims process.
- Call us on 0800 073 8804.
- Contact us online.
- Chat with us using the pop-up chat window.
Learn More About Retained Foreign Object Claims
The links below will take you to extra resources you may also find helpful.
More from us:
- Gynaecology negligence – Insight into this type of claim.
- Hospital negligence claims – Another of our helpful guides.
- Paralysis medical negligence claims – Read our article on this subject.
Information from other sources:
- Standards and guidance – An overview from the Royal College of Surgeons of England.
- Statutory Sick Pay – Guidance from the government.
- Making a complaint about a surgeon – Information on this subject.
Thank you for reading our guide on how to claim for a retained foreign object post-procedure.
