Legal Question in Medical Malpractice in New York

Re: gauze in side my bladder

There is a discovery rule in NY for the discovery of foriegn bodies (like a clamp) that should not be there. This rule tolls the statute of limitations until the object was discovered or couldve been discovered with due diligence.

If this surgery took place anywhere in the NY Metro area, please contact my office.

Re: gauze in side my bladder

Sounds like you have a case. Its similar to one I am working on now (pants left inside during a surgery). If it happened in August 2008, you are fine on the statute of limitations, which is 2 1/2 years from the date of the malpractice if its a private doctor. I am interested in your case so feel free to look at my web site and contact me.

Re: gauze in side my bladder

From what you describe, you have a medical malpractice claim. The damages are as yet undetermined, as the surgery necessary to remove the gauze has not been performed. But, surely, there will be damages, at the very least an additional surgery, made necessary on account of the negligence. You should consult with a NYC lawyer now, so that all medical records can be gathered in advance of starting the lawsuit. Best, M. E. Zuller

Re: gauze in side my bladder

But the foreign object rule only tolls the statute of limitations for one year

Re: gauze in side my bladder

I am very sorry for your pain and suffering. You certainly have the type of malpractice claim worth investigating and pursuing. Contact me so we can speak about the particulars. I would be happy to come out to you in PA for a free, no obligation consultation to discuss the case with you. Depending on the doctor and what hospital he/she is affiliated with it is important to file your claim immediately as it may be a city owned hospital. If that is the case we have a very short time to file the notice of claim against the city. Do not delay. Call me, Pasquale Calcagno, Esq. of Calcagno & Associates, immediately for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com. I look forward to representing you in this matter. We have convenient locations all over New York.

Re: gauze in side my bladder

I agree with Kessler, Rothstein, Zuller, Kessler, Calcagno and Newmark.

The last foreign object case that I had involved something similar. Taking out the gauze is one thing. Probably by this time it has somewhat dissolved. This causes adhesions and parts of your internal organs might be sticking together. This is what is causing you pain - this is scar tissue.

Even when the gauze is removed, it only creates more scar tissue in the removal process.

Did the gauze have a metal attachment that could be seen on x-ray.

Usually, there is a nurse who counts the gauzes, sponges, towels and clamps and reports to the surgeon prior to the closing of the incision.

Thus the nurse and the doctor are liable for negligence.

You should act now. Don't wait any longer.

If you would like to discuss this matter further, please feel free to contact me.

I have been practicing medical malpractice law for more than 35 years, and was a former clinical professor of legal medicine at the State University of Buffalo Medical School

Re: gauze in side my bladder

If the surgery occurred in NY, you want to speak with a NY lawyer ASAP if you are considering legal action in this matter.

Your case raises among other things, state specific, "discovery rules" statute of limitations questions .

Speak with a NY lawyer ASAP