What are my rights if stiches were left in my foot from a previous surgery and is now causing me to have additional surgery?

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What are my rights if stiches were left in my foot from a previous surgery and is now causing me to have additional surgery?

I was born with club foot, so 11 years ago I had surgery to correct my toes as they needed straightening. After a few years having the surgery I had constant problems with the foot as it had a reacurring cyst. I kept going to my doctor asking what it was, they finally took me to see a doctor at the hospital and they told me it was a neroma (a non cancerous cyst) caused by something that could be stuck inside my foot like stitches. They then said i could have an operation to remove the neuroma and then afterwards they told me the cyst/neuroma was caused by a clump of stitches from the operation i had 11 years ago having my toes straightened. It was real stitches not non-dissolvable ones as well, is this classed as malpractice?

Asked on March 25, 2015 under Malpractice Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, this would be a malpractice case, since leaving a clump of stitches in your foot was likely unreasonably careless, or professional negligent, on the part of the doctor(s) who conducted your operation. However, the statute of limitations, or period of time within which you must file a lawsuit, for medical malpractice in your state is only 4 years. After 11 years, it would seem to be too late to bring a lawsuit, since once the statute of limitations has passed, a person may not start or bring a legal action. Based on what you write, it appears you may have waited to long to act.


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