Undergoing surgery can be a daunting experience. Patients trust medical professionals to take care of them during and after the procedure.
Unfortunately, sometimes things go wrong.
For example, patients can end up with foreign objects left inside their bodies. Medical mistakes like this can cause significant physical and emotional harm.
Therefore, it is important to understand the legal options available to you in such cases.
If you believe that you may have a foreign object left in body after surgery lawsuit, you need an experienced medical malpractice lawyer by your side.
Gauze Left in After Surgery Symptoms
A foreign object left in the body refers to any object that has been accidentally left inside a patient’s body during a surgical procedure.
If not detected and removed promptly, foreign objects can cause serious infections, abscesses, and other complications.
These retained objects can include:
- Surgical towels
- Surgical gloves
- Cotton swabs
- Gauze pads
- Needles and safety pins
- Scalpels
- Scissors
- Clamps
- Surgical sponges
- Catheters
- Surgical masks
- Guide wires
- Retractors
- Suction tips and tubes
Retained foreign objects can result in various signs and symptoms. Foreign object left in body after surgery symptoms include:
- Fever
- Headaches
- Coughing up or vomiting blood
- Bloody, black, or tar-like stool
- Difficulty breathing and eating
- Digestive problems
- Swelling, tenderness, or pain near or around the surgical site
- Wound drainage
- Swollen lymph nodes
- Unexplained loss of consciousness
- Unexplained weight loss
Unfortunately, these symptoms can often be dismissed as typical post-operative pain.
What to Do If You Think Something Was Left in Your Body After Surgery
If you are concerned that a problem occurred during your surgery, it is important for you to advise your doctor.
It is also important to know that not all foreign objects are noticeable immediately after surgery.
In some cases, it can take several months or even years after the surgery before a patient begins to experience pain or other distress from a retained foreign object.
If you do not feel well following surgery, consulting with a medical professional is always advisable.
Can You Sue for a Foreign Object Left in Your Body?
At Baird Mandalas Brockstedt & Federico, we have been asked “can you sue for a foreign object left in your body?” Leaving a foreign object inside your body after surgery is a medical mistake.
Therefore, if you have suffered harm due to a foreign object left in your body during surgery, you may be able to file a lawsuit for medical malpractice.
Medical malpractice is generally defined as a breach of the standards of care act by a healthcare professional that causes harm to a patient.
The standard of care, pursuant to Maryland law, is defined as that degree of skill used by a reasonably competent health care provider engaged in a similar practice and acting in similar circumstances.
The concept of medical malpractice is broken down into the following four elements:
- Duty. To recover in a medical malpractice case, a plaintiff must establish that the healthcare provider owed the injured patient a duty of care.
- Breach. A plaintiff must also establish what the standard of care required at the time of the medical care in question and that the health care provider breached the standard of care.
- Causation. A medical malpractice plaintiff must further establish that this breach of the standard of care caused the injury claimed.
- Damages. Finally, a plaintiff must establish that the breach of the standard of care resulted in damages.
Generally, a plaintiff must hire medical experts to establish these elements. As you can imagine, filing a lawsuit for a foreign object left in the body involves numerous procedural challenges.
Therefore, you need to hire an experienced medical malpractice lawyer to help you navigate the legal system and build a strong case.
Damages in a Medical Malpractice Lawsuit
If you are successful in your medical malpractice lawsuit for a foreign object left in the body, you may receive compensation for various damages.
Damages related to medical malpractice claims include:
- Medical expenses, including the cost of any additional surgeries, hospital stays, and rehabilitation
- Lost income if you were unable to work due to your injuries
- Reduced future earnings due to a disability caused by a medical error;
- Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life
- Disability or disfigurement
A foreign object left in the body after surgery can be a traumatic and life-changing experience. If you have suffered harm from this type of medical error, it is important to seek legal advice from an experienced medical malpractice lawyer.
Still Wondering About a Foreign Object Left In Body After Surgery Lawsuit?
Contact the experienced trial attorneys at Baird Mandalas Brockstedt & Federico.
We have successfully represented hundreds of medical negligence victims and their families across Baltimore, Maryland, Washington D.C., Delaware, Pennsylvania and New Jersey.
Over the years, various lawyers at Baird Mandalas Brockstedt & Federico have been recognized as among Maryland’s best medical malpractice attorneys by Maryland Super Lawyers and America’s Top 100 Medical Malpractice Litigators, among many other organizations.
Our attorneys have secured over one billion dollars on behalf of our clients. Contact us today to schedule a free consultation with one of our skilled attorneys.
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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