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New York Personal Injury Attorneys

Can You Sue for Foreign Object Left in Body?

April 4, 2024 in

Surgical procedures can be challenging in the best circumstances. Discovering that a healthcare professional has left a foreign object inside your body compounds this already distressing experience. Beyond the physical discomfort, it raises serious concerns about medical negligence and the potential side effects on your health. If you find yourself in this situation, you may wonder if you have grounds for legal action. 

Below, the experienced medical malpractice lawyers in NYC at Sullivan Papain Block McManus Coffinas & Cannavo explore the topic of foreign objects left in the body after surgery and whether you may be able to pursue a medical malpractice case.

What is a Foreign Object Left in the Body?

Foreign objects, or any object that does not belong in your body, are most commonly left behind in a patient’s body during surgery. These include surgical instruments, sponges, or even parts of medical devices. 

While rare, this occurrence can have severe consequences and side effects, including:

  • Bloody, black, or tar-like stool
  • Chronic pain
  • Coughing up or vomiting blood
  • Digestive problems
  • Fever
  • Headaches 
  • Infection
  • Organ damage
  • Unexplained weight loss

These symptoms can appear weeks, months, or even years after surgery, so patients may not immediately realize that something is wrong. However, if you’ve had surgery and are suffering from these symptoms, it is essential that you seek medical attention. After you are safe, contact the experienced medical malpractice attorneys at SPBMCC for a free consultation.

Legal Implications of Foreign Objects Left in the Body

When a foreign object is left inside a patient’s body after surgery, it often raises medical negligence and liability questions. Medical professionals are expected to adhere to a standard of care to ensure patient safety during surgical procedures. Failing to account for all surgical tools and materials before closing up a patient constitutes a breach of this standard. Choosing a lawyer familiar with the laws and regulations governing healthcare in New York helps ensure that your case is handled with the utmost care and expertise.

At SPBMCC, navigating a medical malpractice case requires a deep understanding of medical and legal intricacies. Our NYC medical malpractice lawyers possess the knowledge, resources, and experience to effectively represent clients in complex medical negligence cases, such as foreign objects left in body cases. 

Can You Sue for a Foreign Object Left in Your Body?

Yes, you can pursue legal action if you have been harmed due to a foreign object left in your body during surgery. However, successfully proving medical malpractice requires meeting specific criteria:

  1. Duty of Care: The medical professionals involved owe you a duty of care, meaning they were responsible for providing treatment that meets acceptable medical standards.
  2. Breach of Duty: There must be evidence that the medical professionals breached their duty of care by failing to remove all foreign objects from your body before concluding the surgery.
  3. Causation: It must be established that the presence of the foreign object directly causes you harm or complications, such as infection, pain, or organ damage.
  4. Damages: You must have suffered damages due to negligence, which can include medical expenses, lost wages, pain and suffering, and other related costs.

If you believe you have a case for a medical malpractice lawsuit or just need a second opinion, don’t hesitate to contact our NYC medical malpractice lawyers to discuss your legal options.

Contact an Experienced NYC Medical Malpractice Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas, including medical malpractice lawsuits. Our dedicated litigation support teams are committed to vigorously representing clients in 9/11-related illnesses, personal injury cases, car accidents, firefighter injuries, construction accidents, premises liability, and motor vehicle accidents across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.


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