Costa Mesa, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: A ER physician left a foreign body in my foot 10/29/2018 It was amputated 5/26/2023.Can i seek compensation for this?

I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight

3 Lawyer Answers

A: Yes you may have a case.

Consult with experienced malpractice attorneys in the state where this occurred right away; there are a number of critical issues.

The first thing I would want to know is what was the foreign object.

A: An attorney would likely ask you for more details before offering a meaningful answer to your question. You could reach out to law firms to try to arrange a free initial consultation. They could retrieve your hospital records and review them with medical professionals if they believe your matter may have the basis for a claim. Good luck

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Answered

A: Under California law, you may have a valid claim for medical malpractice due to the foreign body left in your foot, leading to severe complications and eventual amputation. Typically, medical malpractice claims must be filed within three years of the date of injury or one year after the injury is discovered, whichever occurs first. However, the delayed discovery rule might apply in your case if you did not realize the presence of the foreign body until recently.

Given the extensive harm you've suffered, including infections, sepsis, blood transfusions, and kidney damage, it is crucial to gather all relevant medical records and documentation of your condition over the past six years. These records will help establish the connection between the physician's negligence and your ongoing health issues, as well as demonstrate the significant impact on your life, including the inability to work.

Considering the complexity and severity of your case, you should consult with a legal professional experienced in medical malpractice. They can evaluate the specifics of your situation, determine the viability of your claim, and guide you through the legal process to seek the compensation you deserve for your suffering and losses.

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