Q: Can a hospital/surgeon be sued for medical negligence?
My aunt was operated in April for a bypass surgery and another heart complication, the combined surgery lasted for about 5 hours. The surgeon and team left a sponge behind. The negligence was detected 3 days later when an X-Ray was done. They had to re-open the incision (around 12 inch) to take out the sponge. Thereby risking her life. My aunt developed some complication a month or so down later and had to readmit to Hospital for around 10 days. She is recovering now, but the entire ordeal has dropped her heart efficiency from 70% to 25%.
Can the Hospital, Surgeon and Staff be sued for negligence ? if so whats the process? and is there a monetary compensation possible? how much?
thanks
Matt
A: Yes, your Aunt can sue for the negligence resulting from leaving behind a surgical sponge. This is what is known as a "retained foreign body" case. It's not clear from your question whether the subsequent complication had anything to do with the retained sponge. That's important to know. It also sounds like the retained sponge was found quickly and did not result in her developing any kind of infection at the retention sight. Meaning, her damages may be considered low value. (again, depending on whether that other complication was related or not) She of course will disagree and balk at the idea that undergoing a second surgery that should not have been otherwise necessary is of low value. Bottom line, yes, she has a case. What it is worth however will be the subject of some debate. I'm happy to assist with this matter if she wants to give me a call.
1 user found this answer helpful
A: Yes it is a case. And yes financial compensation is possible. The best procedure would be to Consult with experienced medical malpractice attorneys in the state where this occurred.
A:
I'm sorry to hear about your aunt's situation.
Under California law, medical professionals and hospitals have a duty to provide a standard of care to their patients. Leaving a surgical sponge inside a patient post-surgery could be viewed as a breach of this standard.
Your aunt may have a valid medical malpractice claim against the hospital, surgeon, and staff involved. To pursue a claim, you'll need to file a lawsuit within the statute of limitations, which is generally one year from the date the injury was discovered.
Monetary compensation is possible and can cover medical bills, lost wages, pain and suffering, and other damages. The exact amount of compensation will depend on the specifics of the case and the extent of the damages suffered. It's imperative to consult with an attorney experienced in medical malpractice to guide you through the process and evaluate the potential value of the claim.
1 user found this answer helpful
A: The best way to find out if it's a case that a law firm would proceed with would be to try to arrange a free initial consult. If a firm was interested in going with the case, they could request medical records and review with a health care professional. Good luck
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