Legal Question in Medical Malpractice in California

Physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best in their field... They are held to the standard of care for their community and peers.

That said, leaving a sponge or instrument inside a surgery patient is not the standard of care... and the need to remove that foreign material is the damage... thus, such a fact pattern would be medical malpractice... the only issue that really needs to be addressed in such a situation is the amount of the damage... as in how much money is at issue.

While sponges and surgical instruments are the most commonly seen foreign bodies negligently left behind, finding a piece of glove would be possible... a rare event indeed... but possible. Such a victim would be wise to seek all the medical attention needed but at the same time consult - in person - with an experienced medical malpractice attorney.

- Paul

Paul J. Molinaro, M.D., J.D.

Attorney at Law, Physician

Fransen & Molinaro, LLP

4160 Temescal Canyon Road, Suite 306

Corona, CA 92833

(951)520-9684

www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation (Actos, Accutane, Actonel, Antidepressants, Avandia, Bextra, Byetta, DePuy Hip Implant, Digitek, Ephedra, Fosamax, Gadolinium, GranuFlo, Guidant Implantable Defibrillators, Hormone Replacement Therapy (HRT), Ketek, Kugel Mesh Patch, Lipitor, Mesothelioma, Nuvaring, Ortho Evra, Paxil, Pradaxa, Prempro, Prisma Dialysis Recall, Reglan, ReNu with MoistureLoc, Smith and Nephew Hip Replacement, Stryker Hip Replacement, Tequin, Topamax, Transvaginal Mesh, Trasylol, Vioxx, Yaz, Zelnorm, Zimmer Durom, Zyprexa, and More), medical malpractice, personal injury, and real estate law and does so anywhere in the State of California.

If there is a glove left in your body you have a good medical malpractice case. I have handled several such cases and am presently handling a case for a gentleman that was a victim of such malpractice. They left a clump inside of him. Feel free to contact me or other lawyers that do these types of cases so you can get your case properly handled.