Oblitos quirúrgicos : ¿Iatrogenia, error involuntario o negligencia? su análisis médico- forense, jurídico y deontológico

The oblite or foreign body retention after a surgical procedure is a real, current, preventable problem that affects the safety of the surgical patient. Its incidence is unknown for certain, since there is under-recording of its occurrence due to the potential risk of deontological, medical-legal and forensic conflicts. The objective of this article was to analyze whether its occurrence is due to an involuntary error or negligence in the practice of surgery and what its deontological and even legal significance is. The appearance of a surgical oblite is a legal medical responsibility that only appears in the head of the main surgeon as head of the surgical room; For this reason, it is important to evaluate the medical-legal responsibility of all participants in the surgical act, establish who is responsible and who must assume the consequences of the damage it generates. It is evident that in the presence of a surgical oblith there is a deontological-legal person responsible who has the obligation to repair the damage caused. It is concluded, which is evident, that the main error is not that of the surgeon; However, the responsibility falls on him to be the leader within the surgical room. It is not true that the responsibility lies solely with the doctor, which is why it cannot be individual, but on the contrary, attribute to each of the members the responsibility that corresponds to each one.