Retained Foreign Object Claims

A retained object occurs when a surgical item, such as a swab, sponge or gauze, is accidentally left inside a patient after a surgical procedure. This can result in substantial harm and can entitle you to make a retained foreign object claim for compensation.

This is a serious form of medical negligence, also known as a never event. It can lead to infections, internal lacerations and many other complications that can affect your health and well-being.

To find out whether you can claim compensation for a retained foreign body, call 0800 470 0474 today or request a call back. You will receive a free consultation with a specialist legal adviser, with no obligation to proceed.

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Table of Contents

• What is a retained foreign object claim?
• Can I make a claim for a retained foreign object after surgery?
• Who is responsible for retained foreign object claims?
• What is the time limit to claim for a retained surgical item?
• How do I claim compensation for a retained object after surgery?
• How much compensation can I claim for a retained foreign body?
• Can I sue a hospital for retained foreign bodies on a No Win No Fee basis?
• Frequently asked questions
  • What are the most commonly retained foreign bodies after surgery?
  • What are the symptoms of foreign objects left in the body?
  • What are the risks of a retained surgical object?
  • What are the causes of surgical instruments left inside the body?
  • Can I make a retained foreign object claim on behalf of a loved one?
  • What evidence do I need for a retained foreign object compensation claim?

What is a retained foreign object claim?

A retained foreign object claim is a type of medical negligence claim made when a surgical item is left inside a patient’s body after a medical procedure. These claims are designed to seek compensation for:

• Physical pain and discomfort.
• Long-term complications and care needs
• Psychological distress and anxiety.
• Financial losses, such as medical bills or lost income.

Such claims are also considered an example of a never event claim, as foreign objects being left inside the body should never occur when established safety guidelines and procedures are followed during surgery.

Can I make a claim for a retained foreign object after surgery?

Yes. An experienced medical negligence solicitor will help you make a retained foreign body claim if the following apply to your case:

• A medical professional owed you a legal duty of care.
• They acted negligently, and a surgical item was left inside your body.
• You suffered avoidable harm as a result.
• The incident happened within the last three years.

Most patients with retained objects after surgery are entitled to claim compensation, as this is almost always a clear case of clinical negligence.

Who is responsible for retained foreign object claims?

If a surgical item is accidentally left inside you, this could be the fault of the lead surgeon or another member of the surgical team. However, the hospital employing them, whether private or part of an NHS Trust, is ultimately responsible and will be the defendant in your claim.

• For claims against the NHS, NHS Resolution will handle and pay any compensation awarded.
• For claims against a private hospital, the hospital’s insurance provider will manage your claim and compensation.

What is the time limit to claim for a retained surgical item?

Typically, you have three years to claim compensation for surgical negligence if you had a retained foreign object following surgery. This starts from either:

• The date of surgery, or
• The date you first became aware that an object had been left inside you.

There are several exceptions to this rule, such as for medical negligence claims involving children and individuals who lack their mental capacity. You can read more about these here: What is the time limit to start a personal injury claim?

How do I claim compensation for a retained object after surgery?

To make a medical negligence claim for a foreign object left in your body, you should contact a personal injury solicitor as early as possible. They will:

• Offer you a free initial consultation to assess the strength of your claim.
• Identify the responsible NHS Trust or private clinic and obtain your medical records.
• Arrange an independent medical assessment and obtain a specialist report.
• Gather evidence, including imaging scans, surgical notes and witness statements.
• Submit a formal letter of claim to the defendant outlining your allegations.
• Negotiate the maximum compensation award on your behalf.
• Prepare to take your case to court if the defendant keeps denying liability.

How much compensation can I claim for a retained foreign body?

The compensation awarded for medical negligence involving surgical objects left in the body will cover two types of damages:

• General damages will compensate you for the harm you experienced. This could include chronic pain, emotional distress, scarring, loss of quality of life and loss of amenities.
• Special damages will cover the financial impact of the harm. This could include loss of earnings, private medical treatments, travel expenses, ongoing care and home adaptations.

According to our personal injury compensation calculator, you could receive:

• £25,380 to £32,090 for loss of spleen.
• £16,790 to £27,760 for non-penetrating bowel injuries causing long-term complications.
• £44,590 to £69,730 for a severe abdominal injury needing a temporary colostomy.
• £78,080 to £97,540 for impaired bladder control.
• £206,730 to £256,780 for severe permanent damage or the loss of both kidneys.

Can I sue a hospital for retained foreign bodies on a No Win No Fee basis?

Yes. If you suffered from a retained foreign object left behind after surgery and you have a valid claim, the solicitors we partner with will offer you a no win no fee agreement. This means:

• There are no upfront fees to pay.
• There is no financial risk to you.
• You only pay a success fee (up to 25%), deducted from your compensation, if your claim succeeds.
• If your claim fails, you pay nothing at all.

Frequently asked questions

What are the most commonly retained foreign bodies after surgery?

Gauze, swabs and sponges are the most common items left in bodies after surgery. These are used to absorb blood, protect organs and clean the tissues during surgical procedures.

If proper counting and accounting procedures are not followed, these items can easily be left in patients after surgery and cause significant complications. Other foreign objects that can be left behind include:

• Surgical instruments, such as clamps, forceps or scalpels.
• Medical devices like catheters, needles or drainage tubes.
• Imaging equipment, such as guidewires or small cameras.
• Prosthetics or implants.

What are the symptoms of foreign objects left in the body?

The symptoms of retained foreign bodies after surgery depend on the type and location of the object and could include:

• Persistent or worsening pain and discomfort.
• Signs of infections, such as swelling, redness and fever.
• General malaise or fatigue.
• Nausea, vomiting and unexplained weight loss.
• Bowel or urinary symptoms such as constipation or urinary incontinence.
• Surgical sites that do not heal, leak or re-open.
• An unpleasant odour from the incision site.
• Stiffness or difficulty moving.

In some cases, you may show no symptoms for months or years until an X-ray, CT, or MRI reveals the foreign body.

What are the risks of a retained surgical object?

The retention of foreign objects following a surgical procedure can cause immediate and long-term risks and complications, such as:

• The need for additional surgery to remove the item.
• Severe abscesses, infections and sepsis.
• Organ perforation and internal bleeding.
• Bowel and urinary obstruction.
• Damage to nerves and blood vessels.
• Chronic pain and recurring infections.
• The formation of fistulas.
• Permanent disability.
• Emotional and psychological trauma.
• Loss of trust in the healthcare system.
• Stroke, heart attack and even death.

What are the causes of surgical instruments left inside the body?

Various types of human error and medical negligence can lead to retained foreign objects after an operation, such as:

• Failing to count instruments or swabs accurately.
• A lack of clear and effective communication between the surgical staff.
• Staff shortages and fatigue.
• A lack of senior supervision or insufficient training.
• Inadequate surgical protocols and checklists.
• Failing to adhere to established, standardised protocols.
• Performing emergency surgery under pressure.

Can I make a retained foreign object claim on behalf of a loved one?

Yes. If a loved one suffered harm due to a retained foreign object, an expert medical negligence solicitor can help you claim compensation on their behalf. You could act as a litigation friend and represent:

• A child under the age of 18.
• An adult who lacks their mental capacity and is a protected party under the Mental Capacity Act 2005.

You could also make a wrongful death claim on behalf of a loved one who passed away from a retained surgical item.

What evidence do I need for a retained foreign object compensation claim?

Your solicitor will help you gather all the evidence needed to make a successful retained foreign object claim, which could include:

• X-ray, CT, or MRI scans showing the retained item.
• Surgical notes and medical records.
• Formal complaints made with the hospital.
• Witness statements from staff or family.
• Photographs of the surgical site and scarring.
• Expert medical reports.
• Records of follow-up or corrective surgery.
• A diary of your symptoms and the impact on your life.
• Documents showing your financial losses and expenses.

A retained foreign object is a preventable medical incident that should never happen. If you suffered harm because of it, you deserve fair compensation for your pain and suffering.

To find out if you can make a retained foreign body compensation claim, call 0800 470 0474 today or request a call back. A specialist solicitor will offer you free legal advice and guide you through the claims process.

Last edited on 6th Dec 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.