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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 41221
Experience:  I provide basic personal injury advice to my clients in my own practice.
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My girlfriends aunt near Sacramento, CA has a doctor that

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My girlfriend's aunt near Sacramento, CA has a doctor that discovered from an Xray last Friday morning 6/7/2013 that a foreign object in her abdomen was left from surgery approximately 5 years ago. This is likely the proximate cause of significant stress, illness and injury she has experienced over the subsequent 5 years. She may have to go to the emergency room later today. She does not have a lawyer yet, because it's the weekend.

What is the proper procedure if the doctors insist upon its removal today or tomorrow, but that the device will be evidence in a future medical malpractice suit? She would go to a hospital that did not do the original procedure, but which has previously not located the device in Xrays, despite a directed search in her intestines/abdomen. Also, to find an appropriate lawyer, what is a fair/typical fee to be expected for her representation?

Thank you.

Thank you for your question. Please allow me to assist you this afternoon.

I am genuinely sorry to hear that your girlfriend's aunt is in this situation. Please allow me to provide you with some information that should help.

In California a statute of limitations for medical malpractice has a 3 year statute from the date of injury, or 1 year from the date when the injury was discovered, whichever occurs first. But for foreign objects the statute is suspended and begins running from the date the object is discovered and gives you a year to file. This is therefore a valid claim.

There is 'proper' procedure but you can (and will) demand copies of all her medical records and transcripts, and the victim, in writing, can demand that the doctor save the object so that she could take it home. Such a request is sufficient.

Medical malpractice claims are typically done on contingency, meaning that there is no outright cost to the victim. To find a good medical malpractice attorney look for those who have medical professionals already on staff. Med-mal cases can be complex so you would want to focus on attorneys who potentially have a boutique firm or a god department that can assist with this suit.

Good luck.

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