QUESTION
Do I have a medical malpractice suite?
Asked on Apr 13th, 2026 on Medical Malpractice - New York
More details to this question:
I recently had an abdominal hernia repair done by laparoscopic surgery. Seven days later, with a bowel movement, I passed a piece of tape approximately one inch wide by four inches long. I contacted the surgeons office and spoke with a nurse. The nurse stated I must have ingested it at some point and would be fine since I passed it. I took a picture of it. Do I have a medical malpractice suite?
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
Sorry to hear about your experience. In any malpractice action, you have to demonstrate: 1) a departure from the standard of care; and 2) harm resulting from the departure. Even assuming that leaving surgical tape behind was a departure from the standard of care, you have not suffered any resulting harm as you passed the tape without incident.
Best regards,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
www.kdrpilawyers.com
Answered on May 11th, 2026 at 8:12 AM