These were not small instruments. These surgical instruments were no supposed to be left inside the patient. Yet for some unknown reason, SIX surgical forceps (clamps) were left INSIDE this hapless patient.
A Phillipino man had been a gunshot victim during a robbery in the Phillipines and underwent corrective surgery. He survived and was left with an open wound that was being monitored. Two days later, he was dead.
"A report from the police's Scene of the Crime Operatives (SOCO) unit said he died from gunshot wounds, but the police said the instruments left inside him could have contributed to hastening his death."
The hospital replied and said they do not see any malpractice in the incident. They said they meant to leave the surgical equipment inside the body for the medico-legal to examine.The family is planning to sue the hospital for negligence, and for reckless imprudence resulting in homicide.
FOREIGN OBJECTS IN NEW YORK
In New York, if a doctor leaves a surgical instrument that was designed to be left inside that caused harm, an adult victim has only 2 1/2 years from the date of the medical negligence within which to start a lawsuit against a private doctor or hospital in NY.
If the instrument was not supposed to be left inside, an injured adult would have only one year from the date of discovery in which to start a lawsuit against a private doctor or hospital in NY.
[WARNING! The time limit to file a claim against a State or municipal hospital is drastically different as is the time limit for a child. Best practice: YOU CANNOT RELY ON THE TIME LIMIT IN THIS BLOG POST. Why not? Because by the time you read this, the time to bring a claim or a lawsuit may have changed. The only way to know whether your potential matter is timely is to pick up the phone and call me at 516-487-8207.]
Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.