Get Legal Help Today
Secured with SHA-256 Encryption
My 1 year old son had a laparoscopic surgery about 2 1/2 weeks ago for a hernia. After his procedure the doctor came to tell us that they used an expired stitch from 11 months ago. He said that the nurses didn’t realize it because the wrapping came apart the way it was supposed to. So they clearly didn’t check the date. He said he called the CDC to make sure all was good and that it was a low risk for infection. I’m just wondering if this is something we should get into legally because my husband and I aren’t thrilled that this happened?
Asked on May 14, 2019 under Malpractice Law, Massachusetts
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 1 year ago | Contributor
If your son becomes ill due to the expired stitch and receives medical treatment, you would have a medical malpractice claim against the doctor.
Damages (monetary compensation) require documentation of medical treatment for a medical malpractice case.
If your son does not become ill, there is no medical treatment and no damages to recover.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.