What should I do if staples were left in my chest after surgery?
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What should I do if staples were left in my chest after surgery?
After surgery in 2004 there were staples left in my chest which are now causing problems. How much could I sue for? Should I speak with a personal injury attorney? I, Los Angeles County, CA.
Asked on April 29, 2011 under Malpractice Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The time that has elapsed here may present a problem. In the law there is something known as the "statute of limitations". This is the time period in which a lawsuit must be commend. As a general rule a medical malpractice claim must commence within 2 years from the date of discovery of negligence. However, the limitations period is "tolled" (extended) in cases involving a foreign object in the body (such as you have here with the staples). In such a case, the statute of limitations period is from the date the claimant discovers the foreign object or should have reasonably done so.
Since you didn't give more by way of details its hard to know for sure if you can still bring a claim. Therefore, you should consult directly with a medical malpractice attorney in your area.
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