Tendon Injury During Drain Removal: A Guide for Patients in Massachusetts
When you undergo a routine surgical procedure, you trust that your medical team will act with care and precision during every step of your treatment, including post-operative care.
But what happens when something goes wrong during what should be a straightforward step, like removing a surgical drain? If a tendon is severed during drain removal, the consequences can be immediate and life-changing.
Al Goodman is a medical malpractice attorney in Greater Springfield, MA. This guide from the legal team at Better Call Al is designed to help patients in Massachusetts understand their rights and legal options after suffering a serious tendon injury during drain removal.
Understanding the Anatomy of the Injury
In this scenario, the injury involves a severed tendon to the middle finger of the dominant hand. Tendons are critical to hand function, as they connect muscles to bones and enable movement.
When a tendon is lacerated, particularly in the hand, it leads to instant loss of function in that finger. This injury is sometimes colloquially described as, “the finger no sticks up,” because the finger loses its ability to extend.
Tendon injuries are painful, and they can permanently impact fine motor skills, grip strength, and hand coordination. In cases involving the dominant hand, the impact is even more severe, often resulting in a significant decrease in work capability and overall quality of life.
Is This Medical Malpractice?
A successful medical malpractice claim hinges on proving that the surgeon breached the standard of care. That means showing the surgeon failed to act as a reasonably competent medical professional would have under similar circumstances.
Proper Drain Removal Technique
According to medical literature and nursing protocols, removing a surgical drain requires the following:
- Visualization: The exit site must be clearly seen before any removal effort begins.
- Release of Suction: Suction should be turned off or released to prevent tissue entrapment.
- Gentle Traction: The drain should be removed with steady, gentle pulling. If resistance is met, the procedure should pause.
- Investigation of Resistance: If a drain does not come out easily, the surgeon should investigate the cause rather than force it.
- Avoid Blind Cutting: Blindly cutting into the wound tract without direct visualization is generally contraindicated and considered dangerous.
Failing to follow these steps can turn a routine action into a devastating injury.
Is This an Accepted Risk?
One of the key legal questions is whether cutting a tendon during drain removal is a known and accepted risk of the procedure. The answer is almost always no.
Unlike certain unavoidable complications in complex surgeries, severing a tendon during drain removal is not a standard risk; in fact, it is frequently a red flag for negligence. Tendon laceration during drain removal is not documented in standard post-op risk disclosures, making it highly likely that such an outcome deviates from the accepted standard of care.
Proving Liability
Establishing liability in a medical malpractice case requires more than showing that an injury occurred; it involves demonstrating that the injury was caused by a failure to follow accepted medical standards.
Expert Testimony
To establish that the surgeon was negligent, the injured patient (plaintiff) typically must present expert testimony. A qualified expert, often a hand or plastic surgeon, will need to confirm that a competent medical professional would not have cut the tendon under similar circumstances.
Review of Records
Medical records and operative notes play a vital role in these cases. Key questions include:
- Did the surgeon note any difficulty removing the drain?
- Was there an attempt to visualize the site?
- Was suction released before removal?
- Were any complications anticipated?
If the documentation is vague, missing, or contradicts standard medical practice, it may strengthen your claim.
Can Res Ipsa Loquitur Apply?
In some cases, the law allows for a presumption of negligence even without direct evidence of what exactly went wrong. This is called the doctrine of Res Ipsa Loquitur, which translates to “the thing speaks for itself.”
The Three Legal Elements of Res Ipsa Loquitur:
- The Event Ordinarily Does Not Occur Without Negligence
Cutting a tendon during routine drain removal is not a known complication. It’s more like leaving a surgical sponge inside a patient—a “never event” that typically only occurs if someone was careless. - Exclusive Control by the Surgeon
The drain, the instruments, and the surgical site were all within the surgeon’s control. The patient played no active role during the removal, especially if sedated. - No Contributory Negligence by the Patient
Because the injury happened during a medical procedure, and not due to anything the patient did, the law may allow the burden to shift to the surgeon to prove they were not negligent.
This doctrine can significantly strengthen a malpractice claim, especially in cases involving serious, obvious injuries from routine procedures.
What Should You Do If This Happened to You?
If you suffered a tendon injury during drain removal, here are actionable steps to take:
- Seek Medical Attention Immediately: A tendon injury needs to be diagnosed and treated quickly to preserve function.
- Request a Copy of Your Medical Records: Get copies of the operative report and all post-op notes. These will be critical in evaluating your case.
- Take Notes About Your Symptoms and Limitations: Document what you’re experiencing day-to-day, especially how it affects your ability to work or complete tasks.
- Consult a Medical Malpractice Attorney: Don’t try to navigate this alone. Malpractice law is complex and requires experienced legal guidance.
Speak With an Experienced Springfield Medical Malpractice Attorney
If you believe your tendon injury was caused by negligence during a routine procedure like drain removal, you may have a valid medical malpractice claim. These cases are often complicated, but you don’t have to go through it alone.
At Better Call Al, we understand how serious hand injuries can be. We work with trusted medical experts, review every detail of your records, and fight for the full compensation you deserve.
We offer a free consultation, and we take cases on a contingency fee basis. That means you don’t pay unless we recover money for you.
Call (800) 734-8011 to learn more today.
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