Oregon Attorney For Retained Foreign Objects And Surgical Injection Errors

Attorney Laura Kalur focuses exclusively on medical malpractice, representing Portland and Oregon families when a retained foreign object or a wrongly injected substance turns a routine surgery into a permanent injury. Driven by her personal experience as a former competitive athlete whose own knee injury was mishandled by a surgeon, attorney Kalur brings fierce empathy and more than 23 years of trial experience to complex clinical litigation. As Co-Chair of the Oregon Trial Lawyers Association (OTLA) Medical Negligence Committee, she aggressively pursues accountability for catastrophic operating room failures—such as her recent active $13 million Multnomah County lawsuit involving a devastating chemical injection error. As an experienced retained surgical instruments attorney in Oregon, she secures justice for victims facing deep tissue necrosis, organ perforation, systemic infection, and permanent motor or nerve damage caused by preventable hospital errors.

Why Surgical Teams Leave Sponges, Needles, And Hardware Inside Patients

These issues rarely result from one missed step. Emergency procedures, unexpected changes in the operation, several teams and poor communication can make it harder to account for every tool and supply used. Patient safety authorities classify these incidents as “never events,” meaning serious, preventable errors that should not occur.

Leaving an instrument, guide wire, or tubing inside a patient after surgery is a quintessential “never event.” Medicare and hospital safety standards explicitly state this should never happen. When I see a retained surgical object, I know immediately it’s a matter of holding the hospital accountable – it’s an automatic ‘checkbook out’ situation. — Attorney Laura Kalur

To reduce that risk, operating room staff follow a set accounting process. Guidance from the Association of periOperative Registered Nurses calls for an initial count, another as the surgeon closes a cavity and a final count before the last suture. The team should resolve any differences before the patient leaves the operating room.

Common retained items include:

• Sponges and lap pads: A sponge left in the body can cause an abscess or a fibrotic mass known as a gossypiboma
• Broken instrument fragments: Needle tips and drill bit pieces can migrate, injure organs or press against nerves
• Guidewires and catheters: When left after a vascular procedure, these devices can travel through a blood vessel toward the heart
• Tubing and drains: Material left in a body cavity can obstruct nearby organs or cause ongoing inflammation.
• Chemical and injection mistakes during surgery: A provider may also inject a harmful chemical instead of the intended drug or anesthetic.

Symptoms may begin soon after the procedure or remain hidden for months or years. Patients may seek answers for pain, fever or swelling before imaging reveals the cause. A delayed diagnosis can allow infection or tissue injury to worsen and may make removal more complex.

Why Wrong-Fluid Injections Can Cause Lasting Harm

These errors may result from look-alike containers, unclear syringe labels or medications placed beside fluids that should not be injected. Distraction, fatigue and limited access to a second safety check can increase the risk. Instead of a local anesthetic such as lidocaine, a patient may receive a cleaning solution, irrigation fluid or another substance not meant for injection.

Caustic substances can destroy cells near where they enter the body. The effects may include chemical burns, necrosis, nerve damage and loss of sensation or movement. Severity depends on the fluid, its concentration, the amount delivered and the injection site.

“When healthcare providers operate ‘in a rush’ to meet clinic slots or surgical throughput, basic verification protocols collapse. A surgical mistake that destroys tissue or leaves foreign contamination is never an ‘unfortunate event’—it is a catastrophic breach of professional duty.” — Attorney Laura Kalur

Active Case Feature | $13 Million Multnomah County Lawsuit

Kalur Law is currently litigating a $13 million medical malpractice lawsuit in Multnomah County Circuit Court against Kaiser Permanente Westside Medical Center. The lawsuit alleges that a podiatrist who was “in a rush” negligently injected a 70% isopropyl alcohol solution (rubbing alcohol) directly into a patient’s foot instead of a numbing anesthetic before pulling off two ingrown toenails. The complaint details catastrophic tissue destruction, permanent nerve damage, and a $1 million loss of consortium claim filed on behalf of the victim’s husband. As reported by The Oregonian, lead counsel Laura Kalur is fighting to hold the facility accountable.

When A Surgical Complication May Indicate Negligence

Not every poor surgical outcome amounts to medical malpractice. Some complications can occur even when providers follow accepted practices. A claim requires evidence that a provider failed to use the care, skill and diligence expected in similar circumstances and that this lapse caused the patient’s injury.

Skipping an instrument count, using an unlabeled syringe or leaving a required safety step unfinished may point to a breach. Attorney Kalur applies that distinction before accepting a case.

Hospitals often try to hide procedural lapses or alter chart entries after an adverse event. I use Electronic Medical Record (EMR) audit trails to catch providers who delete chart notes or falsify records, thinking no one will notice. — Attorney Kalur

What Electronic Medical Record Audits Can Reveal

Electronic medical record systems preserve audit data showing when users access, add or revise information, but a later entry is not automatically improper. These situations may call for closer review:

• Hospital staff entered or revised a note hours or days after the procedure
• Hospital staff added a count sheet after the operation, even though earlier notes did not document the count
• Hospital staff filed an incident report only after the patient or family began asking questions

In one case, a provider deleted a chart note after an adverse medication event and entered a replacement. The system still preserved the prior version. Attorney Kalur obtained the audit trail, compared the timestamps and confirmed the deletion and its timing.

Which Rules Govern Oregon Hospital Claims

Venue affects the court, jury pool and schedule, but Oregon law limits where a malpractice claim may proceed. Attorney Kalur handles cases in Multnomah, Washington and Clackamas counties and evaluates the proper forum based on the facts.

When Oregon Health & Science University or another public entity is involved, the Oregon Tort Claims Act generally requires notice within 180 days of the alleged loss or injury. Missing that deadline can bar the claim, making prompt legal review important.

Speak Directly With An Attorney

Has a retained object or a wrongly injected substance harmed you or someone in your family? Call Kalur Law at 503-568-1847 for a free, personal review of your file. Your call goes straight to attorney Laura Kalur, not to a call center, a receptionist or a screening service.