I developed an infection in my thigh from sutures used in bi-pass surgery artery graft, is there any legal recourse?
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I developed an infection in my thigh from sutures used in bi-pass surgery artery graft, is there any legal recourse?
CABG surgery was done 12/09; initial infection developed in 06/10. The leg was debrided in August (surgeon suspected sutures fron vein graft) nothing was found. In 10/1010, the infection returned and surgery discovered (2) sutures. Is there legal recourse against the suture manufacturer? thorasic surgeon? General surgeon who missed the sutures during initial debriding? I just want to have the associated medical bills taken care of. Should ai speak with a personal injury attorney? In DuPage County, IL.
Asked on October 26, 2010 under Malpractice Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should speak with a medical malpractice attorney--there are lawyers who specialize in this--since every case is different; whether there is liability depends on the specific facts of our case. Bear in mind that generally speaking, to find liability (or require someone to pay):
1) A doctor or other medical professional (or hospital, clinic, etc.) will only be liable if there was malpractice. That means the doctor will only be liable if he was careless, or didn't provide care at the accepted level.
2) A medical device or material manufacturer is usually only liable if there is some defect in the product.
Basically, in one way or another (med mal or a defect), there must be "fault." If the sutures were good and everyone did a good job, there is probably no recovery. Sometimes, patients have subpar or even bad outcomes and it's no ones fault; medicine is not exact.
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