Yes. Tou have a legitimate lawsuit. Seek a personal injury attorney right away. You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"
You might find my Legal Guide helpful "How to Choose A Lawyer For You."
You might read my Legal Guide "Can An Attorney Really Help?"
You might find my Legal Guide helpful " What Do I Tell My Lawyer?"
You need a lawyer. Check with a lawyer in your locale to discuss more of the details.
Good luck to you.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
You did not state whether you had natural childbirth or a C-section where the gauze was left in your abdominal area.
I suggest that you consult with a personal injury attorney in your area to see whether or not the attorney is in a position to undertake your representation. Much will probably depend on the extent of your damages. You may wish to review the Legal Guide I have published on Avvo.com, which deals with medical malpractice and what it is.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
If you wish to pursue a claim, you should order a copy of your medical records and consult with an experienced medical malpractice attorney immediately. Beware the statute of limitations! Typically you have 2 years to pursue a claim for medical malpractice, however, with foreign object cases the law is different. You only have 1 year from the date you should have reasonable known a foreign object was left inside you to pursue your claim. So call a lawyer as soon as possible.
It may not be difficult to prove leaving a foreign object inside a patient is below the acceptable standard of care. However, you must also prove the breach of the standard of care caused your injuries. For your claim to have value, an expert physician will have to give the opinion that leaving gauze inside you caused your injuries, pain and discomfort. From the limited facts you have provided, it sounds like causation may be the most difficult part of your claim.
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