(845) 802-0047When a medical professional negligently leaves an object in a patient’s body post-surgery, their condition could deteriorate. A patient may suffer the trauma of additional surgery to remove the object and require further treatment to resolve the harm caused by the surgical instrument. If you or someone you love has been injured by a retained foreign object, a Newburgh objects left in body lawyer may be an opportunity to get the compensation you deserve.
A surgical error attorney could evaluate your case and help you understand your best legal options. If your losses are due to medical negligence, you may have a viable claim to collect monetary compensation.
Common Surgical Objects Accidently Left in the Body
During any type of surgery, there could be any number of surgical instruments and objects utilized. The following are among the objects most commonly retained:
- Retractors
- Forceps
- Sponges
- Clamps and clips
- Needles
- Blades
Leaving a foreign object inside a patient is completely avoidable, so this error is usually due to a surgeon’s or other medical professional’s negligence. An objects left in body lawyer in Newburgh could help the injured party determine whether a healthcare provider’s misconduct caused their harm, and relentlessly pursue the compensation owed.
What Are The Adverse Outcomes of Objects Left in the Body?
Complications of a retained surgical object could include infections, internal organ damage, perforations, and punctures. Sometimes, patients may suffer infertility, severe pain, obstructions, and even death. The severity of damages will impact the compensation available to the plaintiffs.
Newburgh Medical Malpractice Laws
An injured patient wishing to pursue a legal remedy through the civil courts must adhere to the filing requirements and deadlines for malpractice cases. A Newburgh objects left in body attorney could explain in detail all regulations for starting a lawsuit.
Filing Requirements
New York Civil Practice Law & Rules §3012-A stipulates that the plaintiff’s lawyer must file a certificate of merit with the malpractice lawsuit. The certificate must confirm one of the following:
- The attorney sought the advice of a medical expert in the same field as the negligent provider, and they agree malpractice occurred, or
- The attorney tried on three different occasions to confer with three different physicians and was unable to do so
While the certificate of merit must usually be filed simultaneously with the lawsuit, if the plaintiff’s statutory deadline to file a lawsuit is drawing near, they may be allowed to supply the certificate of merit up to 90 days after filing their lawsuit.
Is There a Deadline to File a Lawsuit for an Object Left in a Body?
Pursuant to N.Y. C.P.L.R. §214-A, the standard deadline to file malpractice is two years and six months from when the date the malpractice happened. However, when the malpractice involves a retained surgical object, plaintiffs only have one year from the date they discover (or should have reasonably discovered) the object to assert a legal claim.
Schedule Your Case Review with a Newburgh Objects Left in Body Attorney
When an object is left in a patient’s body, a Newburgh object left in body lawyer could help them fight for compensation. Victims may be entitled to a variety of financial damages for lost earnings, pain, suffering, disability, medical bills, and loss of consortium. These errors could affect you for the rest of your life, so schedule a consultation and case review today to start going after the justice you deserve.