(845) 818-0668When a surgeon or other medical personnel member leaves a foreign object inside a patient’s body after surgery, it is usually due to their negligence or carelessness. If you have suffered this type of injury, you may need a Schenectady objects left in body lawyer to help you fight for justice. A surgical errors attorney could evaluate whether you have a valid cause to pursue a lawsuit.
Objects Commonly Left Behind Post-Surgery
A multitude of objects may be retained post-surgery including scalpels, needles, lancets, rasps, blades, and other surgical tools. When any surgical tool is left inside a patient’s body, the results may be devastating. Resulting injuries could include serious infections, excruciating pain, ruptured organs or blood vessels, blockage, and fistulas. In very severe cases involving retained surgical objects, these injuries may even be fatal.
Noncompliance with accepted medical protocols and bad communication practices are two of the most common reasons for retained objects post-surgery. The careless actions of the doctor or medical staff during the procedure may also cause an object to be left in the patient’s body. When they fail to follow protocol to prevent such issues, they may be liable for damages.
What is Required to Prove a Medical Provider was Negligent?
A Schenectady objects left in body attorney could collect evidence to support a victim’s claim and establish the key elements of negligence. Plaintiffs must prove that the care provider owed them a duty, failed to follow that duty, and the plaintiff suffered injuries and damages because they breached that duty of care. Unless all negligence elements are satisfied, the plaintiff may be unable to collect money damages. A lawyer could help the plaintiff demonstrate each component of negligence to win a suit or force a settlement.
Is There a Filing Window For an Objects Left in Body Lawsuit?
New York Civil Practice Law & Rules § 214-A states that there is a standard time frame of two years and six months for victims to pursue a civil remedy. The statutory period starts on the date of the malpractice unless the patient was receiving ongoing care from the medical provider in which case the statute of limitations does not begin until the last treatment is finished.
Several exceptions may apply to the 30-month deadline, with one, in particular, relating specifically to patients who retain foreign objects. Under the state’s discovery rule, if the victim retains an item like a blade or scalpel, a lawsuit may be filed up to a year after the item is found or reasonably ought to have been found for patients with an object left in their body in Schenectady.
Financial Outcomes for Injured Patients
Due to the affecting victims of retained surgical objects and the additional expense of secondary surgery to remove the item, injured patients may be left with significant financial losses. An objects left in body lawyer in Schenectady could fight to recover multiple types of compensation for the plaintiff which often include:
- Lost earnings
- Future wage loss
- Hospital bills
- Ongoing rehabilitation costs
- Surgical expenses
- Pain and suffering
Punitive damages may also be applicable when the conduct of the medical provider constitutes flagrant negligence.
Hire as Post-Operative Retained Objects Attorney in Schenectady
Proving a medical malpractice case can be extremely difficult without the aid of a qualified Schenectady objects left in body lawyer. An attorney could ensure all necessary evidence is submitted, court procedures are followed, and tenaciously seek the full monetary recovery to which you may be entitled. To review your case with a lawyer, contact the office as soon as possible.