Legal Question in Medical Malpractice in Illinois

Surgical Gauze Left in my Body

Hello. In August 2007 I gave birth to a daughter. I will spare all the details for now but my doctor left surgical gauze inside of me. It took her 3 weeks to discover it. Almost 2 years later I am still not the same. I have constant irritation, discharge, etc. This has caused a rift between my husband and I because I have problems being intimate because of pain in there. Do I have any recourse against the doctor. She has basically ripped my sexuality from me!


Asked on 12/17/08, 4:43 pm

4 Answers from Attorneys

John Wunsch Law Offices John C. Wunsch, P.C.

Re: Surgical Gauze Left in my Body

Dear Ms. ____:

You have a case both against the Hospital and against the surgeon.

Damages will need to be established through a physician who will testify how and to what extent you were harmed.

Your husband has a claim for loss of consortium as well.

Our law firm has been in existence for twenty seven (27) years and have successfully handled many such cases.

Please call to discuss.

Many thanks,

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 12/18/08, 9:12 am
Motty Stone Law Offices of Motty Stone

Re: Surgical Gauze Left in my Body

Yes, you do have recourse. You can file suit for medical malpractice and recover for your injuries as well as the pain and suffering this has caused you and your husband. There is some time constraint because of the statute of limitations, but you should still be able to file a lawsuit.

Please feel free to contact us and we will discuss this matter further.

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Answered on 12/17/08, 4:53 pm
Nima Taradji Taradji Law Offices

Re: Surgical Gauze Left in my Body

You do have a case. However there are some consideration that must be made.

1- if there is actual documentation that surgical gauze was left inside you after the surgery was terminated that is in and of itself evidence of malpractice. There are no two ways about. I am currently prosecuting a very similar case against a major local hospital

2- Have you seen a doctor that has connected your current symptoms to the malpractice? If not, have you seen a doctor to find out why the current conditions persist? You may be faced with a time issue in that statute of limitation for negligence cases are two years; however, in malpractice there is a extension of time to four years if there is a delay in discovering the malpractice.

So, in order to give you a more definite answer, if you have not seen a doctor for your current conditions, you must do so immediately. Without a doctor who can connect the conditions you are experiencing to the malpractice, you won't have a case. If there is a connection, you have a case worth pursuing.

My office can assist you in this. I have prosecuted many medical malpractice cases successfully in the past and I will be more than happy to talk to you about your case further and in more detail. Consultation with me is always free and I work on a contingency basis where initially you will not have to pay anything up-front.

I hope the information I have provided helps you in deciding how to proceed.

Taradji

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Answered on 12/17/08, 4:58 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Surgical Gauze Left in my Body

A gauze or surgical instrument being left inside a patient after a surgical procedure is a classic example of medical malpractice.

If this has been documented in the medical records and a physician has connected your existing problems to the doctors conduct, you probably have a pretty strong malpractice case against the doctor and her assistants or hospital personel.

Additionally, your husband has a case, too, for his losses due to your inablitity to be intimate.

Please feel free to contact me if you ahve any additional questions. Although, you are located in Alton, I have cases throughout Indiana and also in Illinois. I may also be able to help you find an attorney closer to your area.

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Answered on 12/17/08, 11:14 pm


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