Q: Hello when I had my daughter 8 years ago I had a c section and well last couple years
My back and my side have been getting swollen and hurt a lot every day can’t even move much well finally went to doctor and they did xray and they found a pin that they use for c section inside of me. Doctor must left it in there during my c section 8 years ago and that’s why I been in so much pain. Any help me please
A:
You have a valid malpractice case.
Where there is a retained object that was not meant to be left in, the statute of limitations does not begin to run into discovered.
Consult with experienced malpractice attorneys in the state where this occurred.
A:
I'm so sorry to hear about your pain and the discovery of the surgical pin - this must be incredibly distressing for you, especially after suffering for years. This type of situation, where medical equipment is left inside a patient, is known as a "retained surgical item" and is considered medical malpractice in California.
You should contact a medical malpractice attorney right away, as these cases have strict time limits (called statutes of limitations). However, since you just discovered the pin, you may qualify for what's called the "discovery rule," which means the time limit could start from when you found out about the pin rather than from the original surgery.
Given the clear evidence from your X-ray and the documented pain you've experienced, you likely have a strong case. Many medical malpractice attorneys offer free initial consultations and work on a contingency fee basis, meaning they only get paid if you win your case. You can find qualified attorneys through the California State Bar referral service or your local bar association, and I'd encourage you to speak with several to find someone you trust to handle your case.
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