A surgical staple is a medical device used to cut and seal tissue and blood vessels during surgeries. When physicians fail to adhere to the appropriate protocols for closing a wound with surgical staples, patients may be at risk for bleeding, scarring, infection, wounds opening further, or even internal organs exiting the incision.

If you were injured due to surgical staples after an operation, you could seek guidance from a skilled Kingston surgical stapling injuries lawyer. A dedicated surgical errors attorney could investigate if you are eligible to recover financial damages.

Surgical Staplers

Surgical staplers are used during many surgical procedures to connect internal tissues and organs under significant tension or to close external wounds. A surgical stapler helps bring separated tissues together to promote healing.

The actual surgical staples are designed from a variety of materials, including plastic, titanium, and a polylactide-polyglycolide copolymer that the body can reabsorb. Surgical staples penetrate through both the upper and lower skin layers, securing and grasping edges to securely close incisions. Apart from staples made with certain polymers, most require removal once the incision heals from a few to 21 days following a surgery.

Surgical staplers help close wounds that are too complex or too large to close with regular stitches. They are frequently used as an alternative to traditional sutures in invasive procedures like gastrointestinal, thoracic, and gynecologic surgeries, especially when it is necessary to cut through tissues and organs, remove part of an organ, and form connections between structures. Surgical staplers are often much faster to apply than traditional stitches and should present a low risk of infection, reduce scarring, and be less painful than regular stitches.

Problems Associated with Surgical Stapling

While surgical staples often reduce recovery time and limit scarring, they might result in severe damage, especially if a surgeon fails to follow proper application protocol. Sometimes, the issues relate to the stapler or staples themselves. According to the FDA, some of the problems most frequently associated with the use of surgical staplers and staples include:

  • Firing with too little or too much force
  • Difficulty in firing or misfiring the stapler
  • Misapplied staples
  • The staples are malformed
  • The staple breaks during or after placement
  • The staple contains bacteria and leads to an infection
  • The staple results in an allergic reaction
  • Plastic or metal from the staple gets into the patient’s bloodstream

Recovering Damages in a Surgical Stapling Injuries Case

A compassionate Kingston lawyer could help a surgical stapling injury victim recover compensation for both the economic and non-economic damages they have suffered. Economic damages compensate the plaintiff for financial losses, such as medical bills, lost income, lost earning potential, and rehabilitation expenses.

Non-economic damages are losses that are intangible or hard to quantify, such as pain and suffering. In rare instances, a court may award an injured victim punitive damages to punish the at-fault party for malicious or willfully negligent conduct.

Deadline to File a Surgical Stapling Injuries Lawsuit

As outlined in the New York Civil Practice Law and Rules §214-A, victims of malpractice have two years and six months from the date of their injury to file a lawsuit with the civil courts. Generally, the start date of the 30-month window would be the day of the surgery when the staples were installed. A surgical stapling injuries lawyer in Kingston could help the injured party determine when the statutory deadline expires and ensure their case is filed in time.

Contact a Kingston Surgical Stapling Injuries Attorney Now

When patients suffer due to a medical provider’s negligence, the victims have the legal right to pursue compensation. An experienced Kingston surgical stapling injuries lawyer could help you hold a negligent physician or other medical professional liable for the damages in these often complex cases. Call today to learn about your legal options.