Is this medical malpractice case or negligence?

Asked over 3 years ago - Saint Paul, MN

When an object is left in the abdomen of a patient after surgery that is causing pain, can the patient have the right to sue the hospital and the surgeon? What about if a planned sugery turned to cause more harm to the patient requiring more surgery to fix the original problem?

Attorney answers (4)

  1. Joseph Jonathan Brophy

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . As with so many other questions, the answer is, "it depends." If an object was left in your body that wasn't supposed to be there, that is a very simple sort of malpractice case. If the object was supposed to be there and caused problems, it may or may not be a case. Likewise, not all bad results from surgery are the doctor's fault. There are some good medical malpractice lawyers in the Twin Cities. The offer free consultation. You should talk to one or more of them, the sooner the better.

  2. Christian K. Lassen II


    Contributor Level 20


    Lawyer agrees

    Answered . Yes, malpractice. For example, I've run cases with sponges, clamps and instruments left in the body and have always recovered money for my clients.

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  3. James Todd Tenge


    Contributor Level 10

    Answered . it is really both. It is a malpractice case based on the medical providers' negligence. Negligence is the legal basis (i.e. is is the "cause of action") of the claim and the type of claim is called a "malpractice claim".

  4. Daniel Paul Buttafuoco


    Contributor Level 16

    Answered . It is difficult to give an accurate evaluation of your case based on the limited information provided. It is always best to contact an experienced medical malpractice attorney who can evaluate all the facts and help determine your next best course of action. You are always welcome to call for a free evaluation of your case.

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