Is leaving a stitch in an incision for 7 months after the procedure, considered malpractice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is leaving a stitch in an incision for 7 months after the procedure, considered malpractice?
Had a cyst removed iabout 1 1/2 years agoand had stitches removed a week or so later. A overlooked stitch was discovered by another surgeon I was referred to after complaints of pain and irritation in the area
Asked on July 28, 2012 under Malpractice Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier. Obtain your medical bills, medical reports and documentation of any wage loss. Your claim filed with the first doctor's malpractice insurance carrier should include these items. The medical report from the second doctor may provide evidence of malpractice.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor. If the case is NOT settled with the first doctor's malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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.