I developed an infection in my thigh from sutures used in bi-pass surgery artery graft, is there any legal recourse?

UPDATED: Oct 26, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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.

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