Legal Question in Medical Malpractice in California

I had surgery about a month ago and have since had fevers off and on. I've already been hospitalized a couple of times now and it is suspected that a piece of rubber glove was left inside of me. They are waiting until 6 weeks to go back in to protect the surgical site. My question is if the medical charges for this type of complication should be covered by the doctor/hospital? Also can I get reimbursed for medications (antibiotics) I've had to buy to assist in this complication?


Asked on 12/14/13, 10:30 am

2 Answers from Attorneys

Paul J. Molinaro, M.D., J.D. Fransen & Molinaro, LLP

Physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best in their field... They are held to the standard of care for their community and peers.

That said, leaving a sponge or instrument inside a surgery patient is not the standard of care... and the need to remove that foreign material is the damage... thus, such a fact pattern would be medical malpractice... the only issue that really needs to be addressed in such a situation is the amount of the damage... as in how much money is at issue.

While sponges and surgical instruments are the most commonly seen foreign bodies negligently left behind, finding a piece of glove would be possible... a rare event indeed... but possible. Such a victim would be wise to seek all the medical attention needed but at the same time consult - in person - with an experienced medical malpractice attorney.

- Paul

Paul J. Molinaro, M.D., J.D.

Attorney at Law, Physician

Fransen & Molinaro, LLP

4160 Temescal Canyon Road, Suite 306

Corona, CA 92833

(951)520-9684

www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

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** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation (Actos, Accutane, Actonel, Antidepressants, Avandia, Bextra, Byetta, DePuy Hip Implant, Digitek, Ephedra, Fosamax, Gadolinium, GranuFlo, Guidant Implantable Defibrillators, Hormone Replacement Therapy (HRT), Ketek, Kugel Mesh Patch, Lipitor, Mesothelioma, Nuvaring, Ortho Evra, Paxil, Pradaxa, Prempro, Prisma Dialysis Recall, Reglan, ReNu with MoistureLoc, Smith and Nephew Hip Replacement, Stryker Hip Replacement, Tequin, Topamax, Transvaginal Mesh, Trasylol, Vioxx, Yaz, Zelnorm, Zimmer Durom, Zyprexa, and More), medical malpractice, personal injury, and real estate law and does so anywhere in the State of California.

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Answered on 12/14/13, 11:12 am
Armen Tashjian Law Offices of Armen M. Tashjian

If there is a glove left in your body you have a good medical malpractice case. I have handled several such cases and am presently handling a case for a gentleman that was a victim of such malpractice. They left a clump inside of him. Feel free to contact me or other lawyers that do these types of cases so you can get your case properly handled.

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Answered on 12/14/13, 1:55 pm


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