Retained foreign objects following surgery are “never events” which are medical mistakes that Medicare, Medicaid and some insurance companies have concluded should no longer happen. When a mistake is labeled a “never event” Medicare, Medicaid and insurance companies will not reimburse medical providers for care that is rendered necessary as a result of such mistakes.
If you have a retained foreign body following a surgery, you were the victim of medical malpractice. If no lasting damage is done and a second procedure will remedy the problem entirely, there will be a question about whether the case is financially viable, because the damages may not be sufficient to support the time and expense of a malpractice litigation.
If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Click here for my website.
Answered on Nov 16th, 2013 at 10:54 AM