Q.
I went to the hospital for a routine checkup recently. The doctor ordered a chest X-ray, and to my surprise, he found a foreign body in my stomach. The doctor assumed it was a medical sponge, but I have never had any other surgery except for a cesarean section three years ago. I have never felt any symptoms other than mild constipation, so I am inexplicably shocked that the sponge has been in my body for so long. What legal remedies are available to me?
A.
It may be hard to imagine, but doctors and surgical nurses surprisingly often leave surgical instruments in patients' bodies. One surgeon even left his wristwatch behind. Foreign bodies can cause pain, infection, and other organ problems, as well as requiring emergency surgery, prolonged hospital stays, and in some cases, even death. Sponges are one of the most common of these accidents. Surgical sponges are now embedded in radio-opaque strips, which can be easily detected by X-ray. However, these sponges are currently very expensive and not used in all hospitals. As a result, some doctors may not even detect the sponges on X-ray.
Symptoms and consequences of foreign bodies left in the body like this can be urgent or can take weeks or even years to develop. Also, sometimes the foreign bodies left behind can be harmless or cause few symptoms, but these often require surgical removal, which can lead to additional pain and recovery. The value of compensation for this depends on how severe the symptoms or treatment are. The statute of limitations for lawsuits related to foreign bodies in the body does not start to run until three or five years, or even longer, before the foreign body is discovered. So in this case, you have one year from the time you formally filed a lawsuit regarding the discovered sponge.
So who is responsible for this incident? Usually, the responsibility for negligence is divided between the surgeon and the nursing staff. Because the surgeon is responsible for instructing the nursing staff and for making sure that all surgical instructions are followed before and after the surgery. A cesarean section is the only surgical procedure you have had. There is no other reason why a sponge could be left in your body. Cases of foreign bodies left in your body are clearly medical malpractice. And most disputes about liability arise between the doctor and the hospital.
Going forward, the most important thing for you is to follow your doctor's advice about having surgery to remove the sponge left in your body, and you should immediately contact an attorney experienced in handling these types of medical malpractice cases to discuss your case in detail.
Q.
I went to the hospital for a routine checkup recently. The doctor ordered a chest X-ray, and to my surprise, he found a foreign body in my stomach. The doctor assumed it was a medical sponge, but I have never had any other surgery except for a cesarean section three years ago. I have never felt any symptoms other than mild constipation, so I am inexplicably shocked that the sponge has been in my body for so long. What legal remedies are available to me?
A.
It may be hard to imagine, but doctors and surgical nurses surprisingly often leave surgical instruments in patients' bodies. One surgeon even left his wristwatch behind. Foreign bodies can cause pain, infection, and other organ problems, as well as requiring emergency surgery, prolonged hospital stays, and in some cases, even death. Sponges are one of the most common of these accidents. Surgical sponges are now embedded in radio-opaque strips, which can be easily detected by X-ray. However, these sponges are currently very expensive and not used in all hospitals. As a result, some doctors may not even detect the sponges on X-ray. Symptoms and consequences of foreign bodies left in the body like this can be urgent or can take weeks or even years to develop. Also, sometimes the foreign bodies left behind can be harmless or cause few symptoms, but these often require surgical removal, which can lead to additional pain and recovery. The value of compensation for this depends on how severe the symptoms or treatment are. The statute of limitations for lawsuits related to foreign bodies in the body does not start to run until three or five years, or even longer, before the foreign body is discovered. So in this case, you have one year from the time you formally filed a lawsuit regarding the discovered sponge. So who is responsible for this incident? Usually, the responsibility for negligence is divided between the surgeon and the nursing staff. Because the surgeon is responsible for instructing the nursing staff and for making sure that all surgical instructions are followed before and after the surgery. A cesarean section is the only surgical procedure you have had. There is no other reason why a sponge could be left in your body. Cases of foreign bodies left in your body are clearly medical malpractice. And most disputes about liability arise between the doctor and the hospital. Going forward, the most important thing for you is to follow your doctor's advice about having surgery to remove the sponge left in your body, and you should immediately contact an attorney experienced in handling these types of medical malpractice cases to discuss your case in detail.