Retained surgical items: Lessons from Australian case law of items unintentionally left behind in patients after surgery
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Davis, J
Osborne, S
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Abstract
The retention of items within a patient after surgery is considered to be a 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. This 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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Journal of Law and Medicine
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26
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4
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© 2019 Thomson Reuters. This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as 26 (4), pp. 841-848. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 858
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Biomedical and clinical sciences
Law and legal studies
Philosophy and religious studies
RSI, sentinel event
medical negligence
patient safety
perioperative nursing
perioperative practice
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Cockburn, T; Davis, J; Osborne, S, Retained surgical items: Lessons from Australian case law of items unintentionally left behind in patients after surgery, Journal of Law and Medicine, 2019, 26 (4), pp. 841-848