It may sound absurd and unbelievable, but every year, there are hundreds of medical objects left within a patient during surgery, never to be removed by the operating surgeon. These objects vary from sponges to scalpels to bandages and other pieces of medical equipment. When a foreign object is retained in a patient’s body after surgery, the health consequences for the patient may be severe. Filing a medical malpractice claim for damages can help.
Proving Breach of Duty of Care
What constitutes medical malpractice? To file a claim for medical malpractice and be successful, a victim must prove that the doctor violated the standard of care that he or she is required to exercise. Typically, a retained foreign object is proof enough of this breach of the duty of care. However, sometimes, a more particular explanation as to why the violation of a duty of care occurred is necessary.
For example, the following reasons may be the cause behind why a foreign object was left in a patient during a surgery.
- Surgeon fatigue
- Lack of communication between operating room staff
- Failure to create a pre-surgery checklist
- Failure to count medical objects both before and after surgery
Damages Available for Medical Malpractice
A number of damages that you may be able to recover will depend upon the extent of harm that you suffered. At the very least, you should be able to retrieve the cost of any of your medical expenses—both past and future—related to the surgical error. You may also be able to recover lost wages, benefits for loss of ability or enjoyment of life, and benefits for pain and suffering.
You have to file a medical malpractice claim within two years of discovering the problem under Pennsylvania’s statute of limitations.
What a Medical Malpractice Attorney Can Do for You
When you hire Cordisco & Saile LLC, you can rest easy knowing someone will be working to prove that the surgeon operating on you breached the duty of care, is exploring different parties that may be held liable, demonstrating the extent of your damages suffered, gathering evidence, and filing your claim in time. To schedule a free initial case consultation, call 215-642-2335 as soon as possible.