The Case
A patient underwent a laminectomy—a surgical procedure to remove part of the vertebral bone to relieve pressure on the spinal cord or nerves. During the surgery, a hemovac drain was placed to remove fluid and blood from the surgical site.
After surgery, the drain was not removed as it should have been. The retained drain caused an infection. Infections in or near the spine are serious complications that can cause severe pain, nerve damage, and require additional surgeries to clean out infected tissue.
The patient required multiple additional surgeries to address the infection. Even after treatment, the patient developed ongoing pain issues that affected quality of life and function.
The plaintiff pursued a medical malpractice claim based on the failure to remove the drain and the resulting infection and complications.
The Resolution
The case settled for $750,000 after mediation. The settlement reflected the preventable nature of the error—drains are meant to be temporary and must be removed—and the serious consequences that followed.
Why These Cases Matter
Surgical drains are routine devices used in many procedures. They are also temporary. Part of post-operative care is tracking which drains are in place and removing them at the appropriate time.
When a drain is left in place, it creates a pathway for bacteria to enter the body. Infections near the spine can spread quickly and cause permanent damage to nerves and tissue. Patients who underwent surgery to relieve pain should not end up with worse, chronic pain due to a retained drain and infection.
Never events—medical errors that should never occur—include leaving foreign objects in patients after surgery. While a drain may not be as obvious as a sponge or instrument, the principle is the same: it should not be left behind.
If you developed an infection or other serious complication after surgery due to a retained drain, sponge, instrument, or other foreign object, contact us to discuss your case. We handle medical malpractice cases on a contingency basis—there is no fee unless we recover compensation for you.