The Bronx, NY asked in Medical Malpractice for New York

Q: Stitches left in the back of my leg for 10 months

3 Lawyer Answers

A: Your question is unclear. That said, stitches are oftentimes left in to dissolve on their own. Either way, absent any harm resulting from the stitches having been left behind, there'd be no basis for bringing a malpractice lawsuit. If you wish to have the stitches removed, speak with a medical provider, perhaps starting with the doctor who put them in.

Tim Akpinar agrees with this answer

Stephen Bilkis
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Answered

A: I'm sorry to hear about the situation you're dealing with. It’s understandably concerning to discover that stitches were left in your leg for such a long period. In New York, medical malpractice claims arise when a healthcare provider deviates from accepted standards of medical care, causing harm to a patient. Based on your situation, you may have grounds to pursue a medical malpractice case, but certain legal requirements must be met.

Legal Basis for a Medical Malpractice Claim

To succeed in a medical malpractice case in New York, you must establish the following elements:

--Deviation from the Standard of Care: You must prove that the healthcare provider failed to follow the standard of care expected of a reasonably skilled professional in similar circumstances. For instance, leaving stitches in for an extended period without proper follow-up care or removal could constitute negligence.

--Injury and Harm: You must show that the failure to remove the stitches caused harm, such as infection, scarring, pain, or other complications. Without evidence of harm, a malpractice claim is unlikely to succeed.

--Causation: There must be a direct link between the healthcare provider's negligence and the harm you experienced. For example, if the prolonged presence of stitches caused an infection or delayed healing, this connection would need to be established.

Statute of Limitations

In New York, the statute of limitations for medical malpractice claims is typically two years and six months from the date of the alleged malpractice or the date of the last treatment related to the malpractice. However, if the injury was not discovered immediately, the "discovery rule" may apply in cases involving foreign objects left in the body. For instance, if the stitches qualify as a "foreign object," you may have one year from the date of discovery to file a claim, even if the standard statute of limitations has passed. Consulting an attorney promptly is essential to ensure your claim is filed on time.

Steps to Take

1. Seek Medical Attention: Ensure the stitches are removed and that any complications, such as infection or scarring, are treated. Obtain copies of all medical records related to the original procedure and the removal of the stitches.

2. Consult a Medical Malpractice Attorney: Speak with an attorney experienced in medical malpractice cases. They can review your records, assess whether the healthcare provider’s actions constituted negligence, and advise on your legal options.

3. Document Your Damages: Keep records of any medical bills, lost wages, pain, and other impacts you’ve experienced due to this issue. These details will be critical in determining the value of your claim.

Potential Compensation

If successful, a medical malpractice claim could allow you to recover compensation for:

--Medical expenses for addressing complications caused by the stitches.

--Pain and suffering resulting from the negligence.

--Lost wages if the issue affected your ability to work.

--Other damages related to your injuries and recovery.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

Tim Akpinar agrees with this answer

A: The short answer is that unless you suffered tangible damages, there doesn't appear to be a basis for a case here. That's only my individual opinion, based on the limited facts. If you reached out to other attorneys for a consult, it's possible they could see things differently, especially with the benefit of additional details. Good luck

Jonathan R. Ratchik agrees with this answer

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