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Is it considered "going away from normal practice procedures" when a surgeon sews up a piece of sharp edged plastic inside me?

Tallahassee, FL |

I had major gyn/uro surgery and all symptoms returned within two months after plus approx one year and two days later, I had a piece of plastic with sharp pointed ends travel inside my body and out of my left vaginal wall, when it got down far enough I felt like a wasp stung me and I had to tug and pull to get it out but I did and I tried to get the drs to make sure I was ok, I guess I went it about disclosing it because neither of them would even help me and the urologist, yelled at me and my husband to "shut up" three times, could not show him piece or get one word out, He wrote a letter one week letter stating he would no longer be my urologist and no other urologist in that facility could either. I felt abandoned and scared. I have the piece and I have had infections and pain since.

Attorney Answers 4


  1. Best answer

    When a foreign object is left inside your body by a doctor, it is malpractice.

    The answer does not create an attorney/client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    215-510-6755
    http://www.InjuryLawyerPhiladelphia.com

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  2. In Florida there are very specific things you have to prove to show malpractice, and another doctor has to say it is malpractice too. You need to consult with a plaintiff's medical malpractice attorney as soon as possible.


  3. I'm sorry to hear about this. I'll tell you what I would tell anyone else in your situation: take care of your health first. If you don't have that, not much else matters. If those doctors won't treat you, then go find someone else who will. Do whatever you have to do to keep yourself safe and get te best medical care you can get.

    If you are considering a case, one of the things that needs to be determined is whether the object was "supposed" to be left there and just migrated - or if it was mistakenly left in your body during surgery. Legally, that's an important distinction. You may need either a new doctor, or a medical malpractice lawyer, to help you find that answer. Speak to a medical malpractice attorney in your area as soon as possible if you'd like to pursue a case. Good luck.

    New York Patient Safety & Medical Malpractice Attorney. Our top verdicts involve representing patients & their families who have been injured by medical negligence including wrongful death, brain damage, birth injuries, and failure to diagnose cancer cases. http://www.atdlaw.com


  4. Something certainly SOUNDS like it "went wrong" to use lay terms, although without knowing more about your case it is difficult to tell whether or not the surgeon and/or a member of his or her surgical team deviated from the standard of care for reasonably situated medical providers in the community who practice within the same area of medical speciality which is at issue. This is the actual standard which defines medical negligence, often simply called medical malpractice.

    The object which you removed, or attempted to remove, could have been a device which your surgeon actually intended to implant and stabilize in a fixed position within your body, although without knowing more it is impossible to even speculate.

    Could you provide a bit more detail about the procedure for which your were scheduled and which was ultimately performed by your surgeon; whether he or she has advised you that other procedures had to be performed while they were carrying out the intended, previously scheduled procedure; and whether as of today you have had the foreign object removed by another surgeon (or anyone, for that matter). You should not have attempted to remove this object yourself. Period. Please do not ever do anything like that again. First of all, you place your own health at stake when you attempt anything of this nature. Second, and of much lesser concern, if and when you decide that you would like to attempt to pursue a cause for medical negligence and if it is determined that you have a meritorious case worth pursuing when all aspects of the case are considered (it is difficult emotionally; physically taxing; and will interfere with your life for some time - trust me, I have been doing this for 19 years and it can be very draining), your own attempts to remove the object may impede your ability to win at trial, or at the very minimum may lessen the percentage of liability attributed to any or all of the named Defendants and/or reduce your otherwise potentially recoverable damages completely or at least lessen them.

    AVVO can schedule telephone consultations with attorneys in Florida like myself who practice medical malpractice. You should try to speak with three or more of us through AVVO or on your own in order to determine with whom you feel the most comfortable.

    Please provide more information by replying to this comment with a further comment in reply (do not submit a new question or it may be difficult or impossible to line the two).

    All the best and my condolences for the issues with which you have been attempting to manage on your own.

    Sincerely,

    David B. Dohner, Esq.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to schedule a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.

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