Memphis Medical Malpractice Attorneys Discuss What Happens When a Foreign Object is Left Inside of You

Any type of surgery is a traumatizing experience.  As Memphis medical malpractice attorneys, we understand this.  Surgery is stressful, emotional, and can also cause a great deal of pressure on the family until the patient is healed.  Even simple surgeries are still anxiety-provoking events.  We do not like the idea of being unconscious and opened up or otherwise “worked on” at the hands of another.  Sometimes we are concerned that the surgery we are undertaking will not completely cure our ailment.

But other times we are afraid of mistakes.  After all, there are medical mistakes; doctors are just people too.  Most of these mistakes are benign—you may not even know they occurred.  This could be the result of a broken screw during the operation, an incision wound a little too small or big, or a missed suture, amongst other small mistakes.  This will not affect patient care and occur frequently.

However, there could be other mistakes which are not common or benign—mistakes that should not have occurred.  Unfortunately, some of these mistakes may also not come to your attention, or at least not right away.

One of these mistakes is a foreign object left inside of you during an operation.  This could include a towel or sponge, surgical tool, or other object that was not intended to be placed into the body for treatment purposes.  John Hopkins Medicine did a malpractice survey at the end of last year, and the results evinced an estimated 39 times per week a foreign object is left inside of a patient in the United States; 39 times!

As Memphis medical malpractice attorneys, we have seen foreign objects left inside patients with great frequency.  These types of cases lead to further surgery and sometimes very serious complications, including death.  That is because the body will attempt to get rid of the foreign object.  This may cause abscesses or other pathways to get the foreign object out.  Regrettably, this will result in massive infections if the foreign object is in the thorax or abdominal region of the individual.

While a foreign object left inside of a patient generally is negligence, particularly under a theory of res ipsa loquitur which means the negligent event speaks for itself, there is an important bar to your case.  The statute of limitations, which we have discussed at length before, also has some very narrow rules for foreign object cases.

Under Tennessee Law Section 29-26-116, sub(a)(1) provides that the statute of limitations is one (1) year for medical malpractice.  Further, sub(a)(2) provides that, “[i]n the event the alleged injury is not discovered within such one (1) year period, the period of limitation shall be one (1) year from the date of discovery.”  However, the next subsection limits that to three (3) years as the maximum period.

But even further, sub(a)(4) creates a special rule for foreign object which provides that “[t]he time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient’s body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.”

Here at Bailey and Greer, PLLC our Tennessee medical malpractice attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in Tennessee personal injury cases which is included in our testimonials page and our successful case results.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.