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Updated: Aug 8, 2026

Swab Sampling Method for the Detection of Human Norovirus on Surfaces
Published on: February 6, 2017
Seeking responsibility for the lost swab? Search elsewhere
R Wheeler1, S Blackburn, H Biggs
1University Hospital Southampton NHS Foundation Trust, UK. robert.wheeler@uhs.nhs.uk.
Abstract:
This article explores the possibility that the surgeon's control over his or her environment is not complete and that, in certain circumstances, the final swab count can be distinguished from the 'normal course of events'. We readily accept that most swabs and instruments are left inside patients simply as a result of substandard care but we cannot accept that this is invariably the case, and lessons from the common law are cited to illustrate the reasons why. We hope to persuade defendant lawyers that it might be worthwhile to tease out from surgeons under scrutiny how these factors may have influenced their practice on the day that a swab was retained.
Insights
Surgical sponges left in patients may not always be due to substandard care. This article suggests specific circumstances can be identified, offering defense strategies for retained surgical counts.
Area of Science:
- Medical Law
- Surgical Safety
- Patient Harm
Background:
- Retained surgical items, such as sponges, are a known complication in surgery.
- Current understanding often attributes these events solely to lapses in standard care.
- Legal and medical frameworks primarily focus on preventing human error in surgical counts.
Observation:
- The article questions the assumption that all retained surgical counts result from substandard care.
- It posits that external environmental factors can influence surgical team actions.
- The 'normal course of events' in surgical counting may be disrupted by specific circumstances.
Findings:
- Evidence suggests that a surgeon's control over the operating environment is not absolute.
- Specific situational factors can lead to discrepancies in surgical counts.
- Legal precedents demonstrate reasons why retained items may occur beyond simple negligence.
Implications:
- Defense attorneys may find it beneficial to investigate situational influences on surgical practice.
- This perspective could shift the focus from sole practitioner blame to systemic and environmental factors.
- Understanding these nuances is crucial for fair legal assessment and improving surgical safety protocols.
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