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A trench or ditch to convey water from wet land; a channel through which water may flow off. The word has no technical legal meaning. Any hollow space in the ground, natural or artificial, where water is collected and passes off, is a ditch or drain.

Also, sometimes, the Easement or servitude (acquired by grant or prescription) that consists of the right to drain water through another's land.

A number of states have drainage statutes in order to protect the welfare of the public. Such statutes provide for the construction of drains in areas that are swampy, marshy, or overflowed past their natural boundaries. Also contained in drainage statutes are provisions that regulate the creation and organization of drainage districts. The state legislature has the discretion to decide which lands will be included within a particular drainage district. For example, such a district might include territory of a city or village or property in two or more counties.

The specific plan for the construction of a drain is within the discretion of local authorities as modified by limitations or restrictions set forth by state drainage statutes. Only land that will be benefited through drainage improvements should properly be included within a drainage district.

In certain instances, liability has been extended to drainage districts that have failed to maintain existing drains. In order to remedy this situation, in some cases, landowners are given a certain portion of a drain to clean out and maintain in proper repair. Regardless of whether or not a landowner is specifically given the responsibility for maintenance, a landowner may only close or obstruct a drain with his or her neighbors' consent. If the land of an individual is injured because a public drain is being obstructed by a neighbor, then the person can bring suit for the damage resulting therefrom.

Subject to limitations imposed by the U.S. Constitution, a state legislature has the power to authorize drainage districts to prescribe special assessments to cover the cost of drainage improvements. Generally, only those lands included within a particular district are subject to such assessment. In certain states, school lands are exempted from assessments that drainage districts levy. Assessment review boards frequently entertain objections to drainage assessments; however, if no such board exists, assessments are subject to judicial reviews in the courts. A property owner can, therefore, go to court to challenge what he or she believes to be an unjust drainage assessment against his or her land.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

DRAIN. Conveying the water from one place to another, for the purpose of drying the former
     2. The right of draining water through another map's land. This is an easement or servitude acquired by grant or prescription. Vide 3 Kent, Com. 436 7 Mann. & Gr. 354; Jus aguaeductus; Rain water; Stillicidium.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The remnant mucosa was coagulated to reduce the secretion from mucosa and surgical drains were routinely used.
There are several techniques described for the prevention, confirmation, and management of retained surgical drains.
Here we used a physiologic in vitro model that incorporated collagenase at similar concentrations to those measured in fluids recovered from surgical drains placed following breast reconstruction surgeries.
Postoperative rehabilitation was started in the ICU with respiration and circulation exercises and was continued after removal of surgical drains, 48 hours after the surgery, and included use of the continuous passive motion machine (CPM) and individual exercises.
A cystogram 48 hours after the initial injury demonstrated a leak from the bladder and elevated fluid creatinine from the surgical drains confirmed the diagnosis of a urine leak (Figure 2).
Surgical drains are commonly removed 57 days later when the output is 30 ml per 24 h.
General principles which can be used to enhance recovery are, where possible, to adopt a laparoscopic/minimally invasive approach (Vlug et al 2009); in open procedures use minimum length incisions (Fearon et al 2005); selective use of surgical drains (Varadhan et al 2010a); avoid routine use of nasogastric tubes (Cheatham et al 1995).
Surgical drains should be removed before you begin a formal exercise program.
Surgical drains can be maintained with vented collection bags and vacuum type drains will continue to operate in the chamber.