Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery

Cockburn, Tina and Davis, Juliet and Osborne, Sonya (2019) Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery. Journal of Law and Medicine, 26 (4). pp. 841-848. ISSN 1320-159X

Abstract

The retention of items within a patient after surgery is considered to be serious issue within the health care community. Termed a 'sentinel event', a retained surgical item (RSI) is one of eight reportable adverse events deemed to have the potential to seriously undermine the health care system in the eyes of the public. Yet, despite the gravity of these events, there has been little opportunity for the courts to examine the liability issues surrounding RSIs. The article reviews the limited case law in this area and analyses the key legal issues which arise in claims for redress, including civil, criminal and disciplinary liability, involving those who have suffered harm from RSIs.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Access contact details of author and request access via this URL: https://eprints.qut.edu.au/132067/
Faculty/School / Institute/Centre: Current - Faculty of Health, Engineering and Sciences - School of Nursing and Midwifery (1 Jan 2015 -)
Faculty/School / Institute/Centre: Current - Faculty of Health, Engineering and Sciences - School of Nursing and Midwifery (1 Jan 2015 -)
Date Deposited: 22 Jan 2020 01:40
Last Modified: 29 Jan 2020 02:50
Uncontrolled Keywords: unintentional retained surgical item, unintentional retained foreign body, RSI, sentinel event, medical negligence, patient safety, perioperative practice, perioperative nursing
Fields of Research : 11 Medical and Health Sciences > 1110 Nursing > 111003 Clinical Nursing: Secondary (Acute Care)
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970111 Expanding Knowledge in the Medical and Health Sciences
Funding Details:
URI: http://eprints.usq.edu.au/id/eprint/37338

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