[Direct answer]It is recommended to handle the matter in five steps. First, immediately seek medical treatment to remove the foreign object and receive treatment, while preserving the removed object as evidence; Second, apply to the hospital to seal and copy all medical records, surgical records, nursing records, and imaging materials; Third, preserve the diagnosis certificates, expense receipts, and examination reports from the two hospitalizations to clarify the consequences of the damage; Fourth, if necessary, apply for a medical malpractice appraisal to clarify the medical institution's fault, causality, and the extent of its responsibility; Fifth, claim compensation for medical expenses, nursing care, loss of income, transportation costs, nutritional expenses, and hospitalization meal subsidies in accordance with the law. If the patient suffers from disability, they may also claim disability compensation and compensation for mental distress. According to Article 121 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a medical institution or its medical staff cause damage to a patient due to negligence, the medical institution shall bear liability for compensation; if there are circumstances such as violating medical treatment standards, concealing or refusing to provide medical records, etc., the medical institution may be presumed to be at fault according to Article 122. Surgery-related foreign objects are usually obvious medical treatment errors, but they should still be fixed through evidence and appraisal.

1. Problem background and typical scenarios

Surgery-related foreign bodies such as gauze, surgical instruments, or sutures left behind are typical cases of medical harm, often requiring secondary surgery to remove them, causing additional physical suffering and financial burden to patients. In practice, some patients experience long-term discomfort after surgery without identifying the cause until a follow-up examination or re-operation reveals the foreign bodies; while others, even after the foreign bodies are removed, face difficulties in providing evidence for claims due to failure to timely seal medical records or preserve physical evidence. When handling such cases in the Beijing area, courts review the completeness and authenticity of medical records, the causes and consequences of foreign body retention, and the necessity of secondary treatment to determine liability and compensation. Understanding the steps of protecting rights and evidence requirements can help patients effectively fix evidence and strive for reasonable compensation.

II. Key points of dispute

First, whether the presence of foreign objects constitutes a medical malpractice and whether the malpractice can be presumed. Second, the importance and operation methods of sealing and copying medical records. Third, the value of the removed objects as physical evidence and the methods of preserving them. Fourth, the calculation of the cost of secondary treatment and disability compensation. Fifth, the conditions for claiming compensation for mental distress.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm believes that the key to cases involving surgical retained foreign bodies lies in "evidence fixation" and "damage determination". In terms of evidence, medical records are the core basis for judging the diagnosis and treatment process. Patients should apply for the sealing of medical records and make copies as soon as possible after discovering the problem, to prevent the records from being modified or lost. According to Article 1222 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the medical institution violates treatment norms, conceals or refuses to provide medical records, or loses, falsifies or alters medical records, it can be presumed that the medical institution is at fault. Therefore, the integrity of medical records directly affects the determination of liability. In terms of damage, patients should keep the medical records, expense receipts, examination reports and disability appraisal conclusions of the two diagnosis and treatment processes, clarify the additional medical expenses, loss of work income, and whether a disability has occurred, so as to determine the amount of compensation. Based on the experience of our team in handling medical injury cases, it is recommended to take the path of "first fixing evidence, then applying for appraisal, and finally claiming compensation": fix medical records and physical evidence, clarify the fault and causality through appraisal, and then calculate the losses and claim compensation according to the appraisal conclusion. It should be noted that the removal of foreign bodies often indicates problems in the diagnosis and treatment process, but the causality still needs to be determined through appraisal, and the compensation ratio will be determined accordingly. The specific determination and amount must be judged based on the facts of the case and the current effective laws and regulations. 恒略律师认为，手术遗留异物案件的关键在于“证据固定”与“损害确定”。就证据而言，病历资料是判断诊疗过程的核心，患者应在发现问题后第一时间申请封存病历并复制，防止病历被修改或遗失；依《中华人民共和国民法典》（2021年1月1日施行）第一千二百二十二条，违反诊疗规范、隐匿或者拒绝提供病历、遗失伪造篡改病历等情形，可以推定医疗机构有过错，因此病历的完整性直接影响责任认定。就损害而言，患者应保存两次诊疗的病历、费用票据、检查报告与伤残鉴定结论，明确额外支出的医疗费、误工损失以及是否构成伤残，从而确定赔偿数额。以本所团队办理医疗损害案件的经验，建议采取“先固定证据、再申请鉴定、后主张赔偿”的路径：固定病历与物证，通过鉴定明确过错与因果关系，再依鉴定结论计算损失并主张赔偿。需要说明的是，取出异物本身往往说明诊疗过程存在问题，但仍需通过鉴定确定原因力大小，进而确定赔偿比例。具体认定与数额须结合个案事实与现行有效法律法规判断。

IV. Practical suggestions and legal basis

Action list: First, seek medical treatment as soon as possible to remove the foreign object, and properly preserve the removed object and take photos of it; Second, apply to the hospital in writing to seal and copy all medical records and imaging data; Third, keep the diagnosis certificates, expense receipts, and examination reports of the two medical treatments; Fourth, apply for a medical malpractice appraisal to clarify the fault, causality, and causative factors; Fifth, claim medical expenses, loss of income, nursing care fees, disability compensation, and compensation for mental distress according to the appraisal results. For cases involving personal injury and medical disputes, you can refer to the relevant provisions of the Medical Malpractice Law and other related laws and regulations.Personal injury and medical disputesAndSpecial servicesLegal basis: Articles 1179, 1218, 1219, and 1212 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions on the sealing and copying of medical records in the Regulations on the Prevention and Handling of Medical Disputes (effective since 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, after discovering a foreign object, immediate treatment and preservation of physical evidence are necessary, as this constitutes the most direct form of evidence. Secondly, the sealing and copying of medical records should be handled as soon as possible to prevent the information from being altered or lost. Thirdly, the appraisal conclusion directly determines the fault and compensation ratio, so the appraisal items should be clearly defined. Fourthly, the second-stage treatment and disability status should be fully documented to avoid missing out on any losses. In cases involving personal injury and medical disputes, legal assistance can be sought through appropriate channels.Personal injury and medical disputesFor reference, the service includes an overall solution involving evidence preservation and document servicesSpecial servicesFor cases involving disability assessments and loss of working hours, the two can be combined togetherLabor disputes and work-related injury compensationFor matters related to the enforcement of compensation payments, you can seek adviceCreditor's rights and debts, and enforcement.

VI. Frequently Asked Questions

Q1: How to protect one's rights if surgical foreign bodies are left in the body after surgery?

First, remove the foreign object and preserve the evidence. Apply for the sealing and copying of medical records, and retain all the information of the two treatments. Then apply for a medical damage appraisal, and claim medical expenses, loss of income, nursing care fees, disability compensation, and compensation for mental distress according to the appraisal results. If necessary, initiate legal proceedings.

Q2: Is the leaving of foreign objects considered a medical accident?

This usually constitutes a medical malpractice. The retention of foreign objects after surgery can often be identified as a mistake in the medical treatment process, and the medical institution should bear the liability for compensation. However, the compensation ratio still depends on the damage consequences and the degree of causality. It is generally determined through medical damage appraisal, and patients can claim that the medical institution is presumed to be at fault in certain circumstances.

Q3: How to apply for the sealing of medical records?

You can submit a written application to the medical institution, requesting to seal and copy the inpatient medical records, surgical records, nursing records, and imaging data, etc. When sealing the records, a list should be made, indicating the number of pages and confirmed by both parties with their signatures. If necessary, you can apply for notarization or have a third party witness the process to secure the evidence.

Q4: What's the use of the extracted items?

It is direct physical evidence proving that the foreign object has indeed remained in the body. It should be properly preserved and photographed for record, with the time of removal, the name of the surgery, and the hospital issuing the certificate noted. If necessary, an appraisal can be applied for, or a notary agency can fix the process of obtaining and preserving the physical evidence to enhance its probative force.

Q5: Can I claim compensation for mental distress?

This can be claimed. The presence of foreign objects and the need for secondary surgery usually cause significant mental distress. Patients can claim compensation for mental distress in accordance with the relevant provisions of the Civil Code of the People's Republic of China (effective January 1, 2021). The specific amount will be determined by the court based on the degree of fault, the consequences of the damage, and local judicial practices.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.