Med Mal Case for Doctor Leaving Stitches Inside My Foot After Surgery...

by JB

I had a tendon in my foot fixed back in Sept 2009 which never healed properly. I went to another doctor this March and he said he would have to do surgery again to see what was wrong. When opening up the foot he found two sutures inside the foot that had become infected and a cyst had grown around them. For the last year and a half I have been in constant pain...which now seems to be healing well.

Is it right that non-dissolving stitches were used inside a foot? Do I have a case or is there anything I can do for compensation? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Med Mal Case for Doctor Leaving Stitches Inside My Foot After Surgery...":


The most important issue at this time will be the Statute of Limitations. The Statute of Limitations is a legal term meaning there is a certain time period after an injury in which any settlement between two parties must be finalized, or if a settlement is not made, then a lawsuit must be filed.

If these requirements are not complied with you will most likely lose all your rights to recover any amounts against the party who caused the injury.

If you believe there was medical malpractice you will need to comply with the above no later than Sept (the actual date in September) 2009, and September (same date) 2011. In your case the Statute of Limitations in California is 2 years from the date of injury (or if the injury date could not have possibly been identified until after the 2 years period)

We are unable to render a medical opinion about the stitches. We do though suggest you seek legal counsel if you decide to pursue legal action. At that time a qualified and reputable Personal Injury Attorney will be able to direct you to a source to determine the medical efficacy of non-dissolving stitches as they apply to your case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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