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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12866
Experience:  Experienced in multiple areas of the law.
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I would like to know if I can file a law suit anginst a

Customer Question

I would like to know if I can file a law suit anginst a Doctor for leaving something inside my body
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I'm in Arizona Pinal county
JA: Has anything been filed or reported?
Customer: no I just discovered this maybe 3 days ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes there were 2 Doctors involved une in charge of everything during surgery and another who was responsible for the procedure just prior to surgery can I sue both
Submitted: 4 months ago.
Category: Legal
Expert:  RobertJDFL replied 4 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 4 months ago.

When was the surgery that this happened? Also, have you suffered any kind of injury as a result of the object being left inside you? Are you going to have to have another operation to have it removed (I am assuming yes)?

Customer: replied 4 months ago.
This happened in 2009, since this surgery, their have been problems m, feeling as if I'm having a heart attach, circulation problems getting worse high mood pressure constant gut aches
Customer: replied 4 months ago.
I don't have 59 bills for that.
Customer: replied 4 months ago.
The surgery took place in 2009 about 8 months after the surgery thats when complications set uneven the cardiologist who did this couldn't find out why I was doing what first
Customer: replied 4 months ago.
I just discovered this 3 days ago by accident
Customer: replied 4 months ago.
zi am trully upset about it. they left a cathater sheath inside my aorta artery starts st left groin area and goes up to my heart
Customer: replied 4 months ago.
It's shouldn't be there, know have major circulation problems been coming on for years nobody knows why
Customer: replied 4 months ago.
WI believe piece of garbage plays a major rollin my health getting worse over the years and zI don't. Believe they can take it out
Customer: replied 4 months ago.
Thats what's going on, it's not about money its about principle and ethics
Customer: replied 4 months ago.
Now I'm. Mentally and emotionally screwed because of this
Customer: replied 4 months ago.
Am I here by myself, anybody here
Expert:  RobertJDFL replied 4 months ago.

You may very well have a claim for medical malpractice (also called medical negligence).

Medical malpractice is the failure of a health care provider to comply with the applicable standard of care. A health care provider must “exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he or she belongs within the state acting in the same or similar circumstances. Failing to do so, however, will not by itself create liability.” Not all errors in medical diagnosis and treatment are necessarily malpractice, because there are certain risks and margins for error that arise inherently in the practice of medicine. A bad result does not automatically mean the medical provider was negligent.

As a plaintiff, you will have be able to prove that a medical provider breached their duty of care to you and that "but for" their negligent act, you would not have suffered damages. Damages can be things like pain and suffering, additionally medical problems, need for additional treatment and/or surgeries, etc.

The statute of limitation, or time allowed to bring suit in Arizona for an alleged action of medical malpractice is 2 years. Under the discovery rule followed in Arizona, however, the cause of action does not accrue until the patient knows or should have known that the malpractice occurred. Mayer v. Good Samaritan Hospital, 14 Ariz. App. 248, 482 P.2d 497 (1971). In other words, if there's no way you could have known until just a few days ago about this, then you still have 2 years from when you discovered it to file suit.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

Expert:  RobertJDFL replied 4 months ago.

I'm helping multiple customers at the same time -please be patient, I'm typing as fast as I can, I promise. :=)

Expert:  RobertJDFL replied 4 months ago.

Medical malpractice cases are generally taken on a contingency basis --meaning a lawyer will not require you to pay any fees or costs upfront, and you will only pay if they recover money for you.

Medical malpractice claims are very challenging. Even where the evidence may be clear that there was liability, a defendant is likely to fight to try to limit their damages. So, you'll want to get your medical records together (as many as you have) and set up a consultation or two with some medical malpractice firms who can go over the case with you and give you a proper evaluation and an idea of what your case may be worth.

Customer: replied 4 months ago.
Ok thank you very much you have been helpful in many ways, ou interested in the case��
Expert:  RobertJDFL replied 4 months ago.

We cannot represent customers on this website, unfortunately. You may find some resources for legal help in your area here though.

Or, you could check www.avvo.com -search for "medical malpractice."

Attorneys listed on Avvo are reviewed by their peers and past clients, and you can't pay to get a good review --so you can get a pretty decent idea of what people think of these lawyers and their qualifications.

Or, just Google "Arizona medical malpractice lawyers" and you're sure to find a bunch of websites.

Customer: replied 4 months ago.
Thank you very much have a good day
Expert:  RobertJDFL replied 4 months ago.

You're very welcome! Kindly remember to click on the stars at the top of the page and click submit, so I'm credited with a positive rating. Have a great weekend!

Expert:  RobertJDFL replied 4 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you!