When I went to have my child, I had an uncomplicated vaginal delivery. When the doctor went to stitch my small tear, she put a 4x4 sponge in me and left it. I had no clue. I went home two days postpartum and had to go back due to swelling and pain. I could not walk, sit or bond with my child, I had to lay down the whole time, and my medications were not helping at all. When I went back, they found the sponge and had to sedate me just for an internal exam and I had a CT scan. My labias were swollen three times the size of what I left the hospital with. I was kept in the hospital 23 hours for IV antibiotics for a progressive celluitis infection. I called an attorney and they said they couldn't help because it had no permanent damage. Should I try a different attorney, or is there really nothing I can do?
grannynightgown
You can try another attorney, but "no permanent damage" usually equals less money, which means that the attorney won't get paid as much.
It would probably cost an attorney more to file the lawsuit than they would get by taking part of the award.
Your best bet would be to hire an attorney for an hourly rate (rather than one on a contingency fee), but that would still probably cost way more than any money you might get.
Shop around. Some people will be willing to take it, like the guy below me. But make sure you compare fees first. If someone is willing to take it, but will be taking a very large percentage of the award, then it may not be worth it.
BigD
Leaving a sponge inside a patient falls under 'res ipsa loquitur'. There is hardly ever a defense.
Any lawyer would be happy to take this case. You should contact one.
Designer~Wife
No permanent damage = No malpractice suit
mnwomen
The first attorney was right. You might find a shyster but he will cost more than you could possibly get.
Orignal From: Malpractice In PA. Can I Sue?!?
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