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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)?
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!
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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.
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.
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