A doctor left a piece of plastic tubing in me that got infected and had to be removed. Do I have a malpractice case?

Asked over 2 years ago - Mount Pleasant, UT

Same doctor cut me open 5 times last year due to complications from a pain pump. Last December the pump had to be removed because of infection and I spent 22 days in the hospital. 5 of those days in the ICU. When I told the doctor that I didn't want the pain pump inside me anymore he stomped out of the room and I haven't heard from him since. No follow up phone calls or office visits. My neurosurgeon who operated on me last week and removed the plastic tube recommended that I contact a lawyer. Do I have a malpractice case?

Attorney answers (2)

  1. George Tait


    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . You may have a medical malpractice case. I say "may" because plastic tubing is notoriously hard to see on x-ray etc. When the physician removed the pump he should have been competent to ensure that all of its tubing etc. were also removed. That being said oftentimes some remnant may be left behind. If you were infected before removal of the pump and continued to be infected after its "removal" it would be very difficult to determine if the left-behind tubing was the source of the infection - at least in my opinion. In other words I suspect the surgeon would defend the case on the basis of claiming that there were other causes of the infection and it was not the tubing or at least you cannot prove it was the tubing. Furthermore, if you are basically OK now the amount of damages might be too low to justify a medical malpractice case.

    This communication does not create an attorney / client relationship.
  2. Terrence Marc Rubino


    Contributor Level 14

    Answered . you might. malpractice laws vary from state to state. you should contact a utah lawyer that does med mal cases. if you do not know one, the utal trial lawyers association should have a roster of competent lawyers. also the bar association in your county probably has a referral service.

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