QUESTION
What can be done if during the delivery of my wife, a 4x4 sponge was stitched inside the vagina?
Asked on Dec 03rd, 2012 on Personal Injury - Montana
More details to this question:
1. Doctor discovered it at 6-week appointment, forcefully took out with giving any local anesthesia, while my wife cried from pain. Lost work time. This was on 9/19/2010. This is a clear case of malpractice on multiple accounts - negligence for stitching the sponge, improper procedure to take it out when this was discovered. 2. While she is normal now, we would like to know what is the expected compensation?
12 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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First, as to the question of what can be done you have a couple of options. The two most common would be to try to settle or sue the doctor and possibly the other medical staff involved. Medical malpractice lawsuits have some special requirements, including a shorter statute of limitations, than do other personal injury cases. Second, as to what your wife's case is worth I cannot answer that question without more information. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained as medical malpractice There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items. Without knowing the amount of your wife's medical expenses, whether she had any lost wages, how long it took to determine that the sponge had been stitched inside your wife's vagina and other information I cannot give you a value of the case.
Answered on Jan 03rd, 2013 at 12:35 PM
Ronald A. Steinberg
Yes, your wife can sue. It was her body that was subjected to the malpractice. However, if you have waited too long, then your claim is barred by the Statute of Limitations. In Michigan, you must sue within 2 years of the date on which the malpractice occurred, or within 6 months of discovering it. It sounds like your time is long gone.
Answered on Dec 17th, 2012 at 3:55 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Since there is no permanent impairment, there may not be enough damages to justify a suit. Expected compensation from what you describe would probably be less than $10,000.00, and could be less than $5,000.00.
Answered on Dec 05th, 2012 at 9:33 PM
Dennis P. Mikko
Assuming this can be proved as medical malpractice, the incident occurred on Sept. 19, 2010. There is a two year statute of limitations on medical malpractice which expired on Sept. 19, 2012. You should contact a lawyer immediately to determine if there is any chance of still being within the statute of limitations.
Answered on Dec 05th, 2012 at 9:01 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Go gently with the case. It is probably not worth a large amount of money, so try to settle with a letter and a modest demand. However, bigger problem is that the statute of limitations has probably expired. You have one year from date you discover the injury to file suit. Act immediately.
Answered on Dec 05th, 2012 at 8:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan there is a two year statute of limitations and you may be too late. Details are required, speak with an attorney immediately.
Answered on Dec 05th, 2012 at 8:05 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes you can sue, but the damages are probably nominal, relatively speaking, since there is probably no permanent damage. You may want to get a second medical opinion on that aspect. There is a reporting threshold of $29,999 and many medical malpractice cases settle for that amount so the claim is not part of the national database. You must first send a notice of intent to sue letter (assuming this is in CA) and during the 90 day period after sending the letter (which must be sent within 1 year of the incident), you can hopefully settle with the doctor at that time.
Answered on Dec 05th, 2012 at 8:04 PM
If this is a California incident, there is a one year statute of limitations in medical malpractice cases. In retained sponge cases, generally that year will run from the time of discovery of the sponge. Was the discovery at the same time as the "removal"? If the September 2010 date is correct, you may be too late.
Answered on Dec 05th, 2012 at 8:03 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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You need to contact an attorney that handles medical malpractice cases. Based on the facts that you have stated the malpractice appears to be clear. The issue will be damages. Texas law places caps on non-economic damages (e.g. pain and suffering, mental anguish) at $250,000. Other caps apply as well. My firm handles these types of cases.
Answered on Dec 05th, 2012 at 8:02 PM
Your wife should seek specific legal advice from a plaintiff's medical malpractice lawyer for a complete evolution of her case prior to filing a claim or bringing a lawsuit.
Answered on Dec 05th, 2012 at 8:01 PM
Medical malpractice cases are complex and expensive. It takes a lot of monetary losses to justify filing suit. In your wife's case, I don't see the return on investment. What happened doesn't sound right, but there is not the fourth element in a sufficient amount to make suit economically feasible.
Answered on Dec 05th, 2012 at 8:01 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Nothing. The damages are not great enough to bring a case. You can thank local legislators who swallowed the Tort Reform Malarkey and passed many many laws making it impossible for many injured patients to get Justice.
Answered on Dec 05th, 2012 at 8:00 PM