What are my rights if a catheter was left in me after surgery?

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What are my rights if a catheter was left in me after surgery?

I recently had to have major surgery on my pancreas (3 months ago). It was a terrible recovery time after a long stay in hospital. Well I still have the awful pain but after a week home from the hospital I started to have a new pain in my lower left abdomen. To my disappointment I was admitted back into the hospital for pain control and observation. The doctor who took care of me said that he did feel somthing in that area, so proceeded to order a CT of my stomach which showed evidnece of an obstruction. I recently found out it may be a catheter that wasn’t taken out. Do I have a case?

Asked on April 22, 2013 under Malpractice Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You absolutely have a case and that is the reason why hospital staff must keep strict records of the type and number of tools used and what is left. Hospital staff (nurses, attendants, doctors) should have checked you before discharge for this matter. At this point, you have hard costs (hospital stay) and soft damages (pain and suffering and the like). Make sure you keep a record of all this and talk to a lawyer.


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