Yes i have two staples or midline clips that are from the original surgery which was in 2010...is it a form of malpractice?

Asked over 1 year ago - Barstow, CA

i had colonstomy done which the 2 midline clips that were placed were suppose to have been removed after a week after surgery which they were not...since i didnt find anything could be negligence on the doctors part until almost a yaear after 2011 do i still have to file a lawsuit ?if so do i need to keep these as proof?

Additional information

I STILL HAVE THE STAPLES AND THE MIDLINE CLIPS WHICH WERE SUPPOSE TO BE REMOVED A WEEK AFTER SURGERY THOSE ARE STILL IN ME AS WELL

Attorney answers (4)

  1. Armen Michael Tashjian

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you knew or with reasonable diligence should have known about the malpractice the statute of limitations is one year. Since it seems like from your post the staples were removed over one year ago (unless I misunderstood) your contemplated lawsuit will most likely be barred. I suggest you get your records to a lawyer ASAP.

  2. Jason Todd Studinski

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am sorry you are in this position. Consult with an experienced medical malpractice lawyer in your area immediately. You have a potential claim and you should get the best advice available. Good luck.

  3. David Brian Snyder

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . This may be a basis for malpractice and you should consult with a medical malpractice lawyer in your area. I would keep the staples until you know that the case is won or that you do not have a case. In order for the lawyer to know whether you have a case, he will have to have your records reviewed by a qualified physician to determine whether there was a breach in the standard of care.

    The one issue I have is that I don't see specific complaints of damages. I presume there was protracted healing? Infection? In order to have a lawsuit worth pursuing, you need to have significant damages.

    David B. Snyder, Esq.
    6876 Buckley Road
    Syracuse, NY 13212
    315-451-3040
    https://snyderlf.com/SyracuseMedical_Malpractic...
    Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You may have a statute of limitations hurdle, so contact a local malpractice lawyer to investigate.

Related Topics

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Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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