San Francisco, CA asked in Elder Law and Personal Injury for California

Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself

Related Topics:
4 Lawyer Answers

A: Unless you are significantly injured as a result of the needle, you don't have a case.

Tim Akpinar agrees with this answer

Michael J. Mandelbrot
PREMIUM
Michael J. Mandelbrot pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Hi - without any residual damages, there is presumably no medical malpractice case. In any lawsuit, there has to be damages. While it sounds like the medical attendant made an error, without any damages (and a possible risk), this would not rise to the level of a case an attorney would consider. If there had been infections, further procedures, etc...because of the needle, a MedMal attorney may consider.

Tim Akpinar agrees with this answer

A: In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm, discomfort, or additional medical costs. You could potentially file a complaint with the California Medical Board or pursue a malpractice claim, depending on the severity of the harm and your medical expenses. Consult with a medical malpractice attorney to discuss your rights and next steps.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: This sounds like a serious medical error that requires immediate attention. You should seek medical care right away to ensure there's no infection or other complications from the needle removal, and document everything about the incident, including photos if possible.

Medical facilities have strict protocols about removing all equipment and needles before patient discharge. Leaving medical equipment in your body could be considered medical negligence, and you may have grounds for legal action against the MRI facility and the healthcare providers involved.

You should contact a medical malpractice attorney who handles cases in California. Most offer free initial consultations and can evaluate the strength of your case. Be sure to gather all relevant documentation, including the date and time of your MRI, names of staff members involved, any follow-up medical care you received, and photos of your injury. Keep track of any expenses or lost work time related to this incident, as these could factor into potential compensation.

Important: California has a one-year statute of limitations for medical malpractice claims from the date you discover the injury, so timely action is crucial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.