If I had staples left in after surgery, do I have a case?

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If I had staples left in after surgery, do I have a case?

I had an appendectomy 5 years ago and later was having extreme abdominal pain and very painful intercourse. I felt as if I was being stabbed by a knife and when I kept saying that they would brush it off because it does sound weird. I also had a miscarriage. I was in excruciating pain and was at my doctor’s every week. They decided I had an infection in my uterus and put me on antibiotics and scheduled a procedure. Just a few weeks ag, I had surgery that was not needed because the route of all my pain was 30 staples that were in my uterus, ovaries and vagina. Additionally,10 staples were stabbing me and embedded in my skin. I am still in pain but not as much. I had many ultrasounds and they still didn’t find them.

Asked on March 28, 2012 under Malpractice Law, New Hampshire

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

New Hampshire requires that you consult a medical expert before filing a lawsuit for medical malpractice.  Medical malpractice is negligence (the failure to exercise due care which is that degree of care that other medical practitioners in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  The statute of limitations in New Hampshire in a medical malpractice case is two years, but it is two years from the date you discover or reasonably should have discovered the problem.  So, you still have time to file your lawsuit for negligence against the doctor who performed the appendectomy.

Prior to filing a lawsuit, it may be possible to settle the case with the doctor's malpractice insurance carrier.  You should obtain your medical bills, medical reports and documentation of any wage loss.  Your claim filed with the malpractice insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. 

If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the doctor.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit against the doctor prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.


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