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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 2 years 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.
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