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?
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
Personal Injury Lawyer
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.
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
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.
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.