My wife had her gall bladder removed yesterday. She advised the nurses who asked about her allergies that she was allergic to steri-strips (adhesive tape to cover incision). Two technicians (nurses I presume) advised they would use dermobond (an alternative). They ended up using steri-strips anyway and now my wife's stomach is swelled up like a balloon.
Is there any legal action we can take from this incident?
First, I would call your doctor and find out how to remedy the medical situation. Second, if this action causes your wife serious injury, you should search Avvo for a medical malpractice lawyer in your city for a free consultation to discuss this in detail.
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If her condition leads to a permanent injury that is directly caused by the steri-strips, then it could be a viable case. In South Carolina, as in Georgia and most states, a lawyer can not simply file a lawsuit alleging a doctor was negligent. The law requires an expert affidavit, that is, a sworn statement from a licensed and practicing physician, to certify that negligence actually occurred. This cost money. The expert has to be paid by the hour to review the medical records, which also cost money. Unless it is a case of obvious negligence, such as a sponge being left inside you, most malpractice lawyers will require you to pay for the records and the initial expert review