(845) 802-0047As reported by The Joint Commission, a non-profit medical accreditation organization, the most common type of object left in the body after surgery is a surgical sponge. Other items commonly left behind after operations include catheters, needles, retractors, towels, scissors, and wires.
Leaving any kind of object in a patient’s body after surgery is a form of neglect that could cause serious damage or even death. Fortunately, a seasoned surgical error attorney may be able to help you if this happens to you. Many victims of such negligence hire an Albany objects left in body lawyer to help pursue compensation and justice for their injuries.
Why Foreign Object Get Left in the Body
No patient should expect to have a foreign object left in their body after an operation. However, some medical professionals do not exercise the care they should, leading to surgical errors, in which case an injured patient may then require the assistance of an Albany objects left in body attorney.
Symptoms of objects being left in the body during surgery can be difficult to discern, as they may be similar to side effects of the surgery itself.
What Are Common Symptoms of Foreign Objects in the Body?
Symptoms to look out for include:
- Constipation or difficulty urinating
- Coughing up or vomiting blood
- Drainage or streaks near or from the incision
- A decline in overall health
- Inexplicable fevers
- Increased pain and weakness worsening over time
- Severe pain in the surgical area, either constant or intermittent
- Development of an abscess or fistula
Statute of Limitations for Object Left in Body Cases
A statute of limitations is a law strictly limiting the amount of time injured individuals are granted to file a lawsuit in civil court. Most medical malpractice cases follow New York Civil Practice Law and Rules § 214-a, which gives victims two years and six months to file their complaint.
However, an important exception to this rule is when foreign objects are left in a patient’s body after a surgical operation. When objects such as surgical scissors, pads, or sponges are left in a patient’s body due to negligence, the affected patient has one year from the date they discovered the object—or when they reasonably should have discovered the object—to file.
What if the Statute of Limitations Expires?
If a plaintiff or their objects left in body lawyer in Albany misses the statute of limitations of one year and fails to file their claim on time, the lawsuit typically cannot proceed. As a result, the patient almost always forfeits their legal right to seek compensation for their injuries through the court systems. They may still submit the case, but a judge would usually dismiss the petition.
Call on an Experienced Albany Objects Left in Body Attorney
If you discovered that an object such as a surgical sponge or a wire was left in your body after an operation, you may be experiencing severe pain and significant additional medical expenses. You should not have to pay for your recuperation when injuries have been caused by a negligent party.
A seasoned Albany objects left in body lawyer could help you hold that party liable for your injuries and seek compensation for the damages they have incurred. Schedule a case evaluation today and determine what your claim might be worth.