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May 14, 2018 by MatadorAdmin

Can I sue my doctor for leaving something in my body during surgery?

If a doctor or nurse leaves for example, a sponge or surgical tool in your body after a surgery, a lawsuit can definitely be filed. However, it runs the risk of being contested; for example the doctor may say that the nurses should have gotten the object out or the nurses may say the doctor should not have left it in your body. This is a serious claim of negligence against the doctor because the doctor did not do his duty as a healthcare provider. He did not adhere to the accepted standard of care for medical doctor and put your health at risk by doing so. Something else that you need to consider is that when there is a foreign object in the body, a statute of limitations still applies. Many individuals wonder when it starts; it typically begins to run when the person finds out about the foreign object in his or her body. So, if there is an X-ray and it shows that there is a sponge in the body or a scalpel then, the date of the x-ray being taken and made known to the patient is the date the deadline begins.

Pointy, sharp objects like scalpels, pens, or needles can puncture or lacerate your veins, arteries, tissues, and vital organs. This can lead to life threatening complications like heavy internal bleeding. If your stomach, large intestine or small intestine is punctured in the process, the contents of the organ can spill out into your abdominal cavity. This is known as gastrointestinal perforation and can lead to peritonitis (inflammation of your abdominal wall), a seriously dangerous infection that requires immediate surgery to ensure survival. Some warning signs that a foreign object is located within your body include:

  • Discoloration or streaks surrounding the incision area.
  • Your stitches begin to pull apart by themselves
  • You develop a fever
  • You have a normal appetite, but cannot keep food or drinks down
  • Changes in the color of your stool
  • Foul odors coming from the incision site
  • Numbness in your hands or feet
  • Difficulty breathing

Contact a Lawyer Today

There are many skilled medical malpractice law firms that  have been fighting for victims just like you for years and work aggressively to get their clients the financial compensation they deserve for the losses their injuries have caused like lost wages and medical expenses. Damages of this rare claim also generally include the cost of the future surgery to remove whatever was left in the body and any pain and suffering that that is caused as well.

If something has been left inside of your body at the negligence of a doctor, you should find an attorney who is happy to discuss your situation and how they may be able to help. Due to the complexity of a medical malpractice case, it may be in your best interest to take a proactive approach and retain legal counsel. The first step in retaining a medical malpractice by scheduling what is known as an initial consultation. During the initial consultation, a medical malpractice lawyer Deer Park, TX residents trust should provide an evaluation of your case. You also will have the opportunity to ask questions concerning your medical malpractice claim. A medical malpractice attorney typically charges no fee for the initial consultation.


Thank you to our contributors at John K. Zaid & Associates for the above information.

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