Legal Question in Medical Malpractice in Minnesota

Object left in abdoman after surgery

What is the law pertaining to a foreign objects being left in a patient after surgery.

My Mother had surgery and a sponge was left inside of her, subsequently she passed away. I do not know if her death is or could be attributed to this but they have no explanation as to why her body shut down, this was a long slow process.

I am looking for a statute of limitations and if there is any possible recourse.


Asked on 2/01/05, 10:58 am

2 Answers from Attorneys

Charles Ramsay Ramsay & DeVore, P.A.

Re: Object left in abdoman after surgery

My colleague, Thomas Bennerotte, is a med mal specialist. I have briefly talked to him about your potential case. He would be happy to discuss this with you and answer your questions. You can reach him at 651-604-0000. We really need more information in order to advise you if there is a case that is worth investigating further.

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Answered on 2/03/05, 5:33 pm
Todd Johnson Johnson & Bannon

Re: Object left in abdoman after surgery

It is generally considered malpractice to leave something in a person after surgery that was not meant to be left there. The bigger issue is whether the sponge had anything to do with your mother's death. This will probably be difficult to establish. Unless the malpractice caused the death the claim for malpractice died with your mother. If you can find a doctor who would testify that leaving the sponge in after surgery was the cause of her death you might be able to proceed. Generally there is a 4 year statute of limitations to bring a claim. However, the date when the 4 years starts to run can vary from case to case. If you have a doctor willing to relate the sponge to her death I would recommend contacting an attorney near you who handles medical malpractice cases.

Our office is not representing you or your family on this matter. You should act quickly if you do wish to proceed with the claim because the timeing can be important.

Good luck.

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Answered on 2/01/05, 12:28 pm


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