Very few people enjoy having surgery, especially if that surgery is emergency surgery. The more complicated a surgery is, the more apprehensive a patient will be prior to the surgery. Further, the larger a surgery is, the more difficult it usually is and the longer the recovery may be. This also increases the risk of errors.
One common type of mistake in a larger and more complicated surgery is leaving an object inside of a patient. This could be a pad, sponge, or towel used to help absorb blood and space out organs or other fluids. The amount of the sponges, pads, and towels used in a surgery is kept track of. Because what goes in must come out. When a pad, sponge, or towel is left inside of a patient following surgery, it is New York medical malpractice.
An object left inside of a patient is known as a foreign object. A foreign object must be intentionally placed inside of a patient and left there. If it breaks off, it is not necessarily going to be classified as a foreign object. Nonetheless, it should be up to an experienced attorney to determine this and for a court to review the claim.
A foreign object left inside of a patient’s cavity can be a very serious and dangerous medical mistake. This can cause a massive infection which is life-threatening, including sepsis. This can also result in an abscess which can also lead to infections and organ damage. Additionally, the victim’s body will attempt to rid itself of the foreign object which can cause additional damage and infections.
Foreign objects create a special rule for the statute of limitations. It allows the victim to commence an action outside of the normal two and a half 2 1/2 years of the statute of limitations. The extra time is an additional year from the date the foreign object was discovered or should have been discovered. It is an alternative period, meaning that it will allow the victim to have the longer of the 2 1/2 years normally or the additional 1 year, whatever is longer.
This is important because most foreign objects are not discovered right away. This means that a victim may have an object inside of him or her festering before it results in dangerous symptoms. But most times, the affect of a foreign object is immediately felt and the damages is obvious.
Shouldn’t a negligent healthcare provider who leaves a foreign object inside of a patient be liable? Absolutely!
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.