[amymb72]

I had a vaginal delivery and was sent home. After a couple of days, I began to feel worse and developed a horrible odor. As days went on, my pain became unbearable. I went to the ER to discovery the doctor had left a sponge inside me. Do I have a case for a settlement?
Thanks

[Fr_Chuck]

Sounds like a good place to start. What do you want from it ?

[amymb72]

The reason I have hesitated to do so is after the sponge was removed, there was no lasting effect other than the humiliation of the horrible odor (they had to bleach the room out afterwards) in the very ER I am employed at.

[JudyKayTee]

It comes down to damages - certainly pain and suffering enter into a lawsuit but not to a large extent.

Sounds horrifying but I don't know you have much of a claim and these cases are very expensive to prove, although I do appreciate it sounds like you have proof.

Have you approached the Physician(s) directly and expressed your shock and embarrassment?

(On a personal note I hope you and your baby are now well.)

[J_9]

You do certainly have a case... however you have to prove lasting permanent damages. Do you have any permanent damage from this? If not, if you win, it will be minimal.

Also, how long ago was this discovered? There is a statute of limitations and, in many areas, the statute begins from the time you find out that the sponge was left in you and runs out exactly one year from that date.

[twinkiedooter]

Your best option is to consult with an attorney to see if you even have a case and go from there. Usually a malpractice case costs a lot of money to get medical opinions from experts and unless the attorney thinks you'll win you will have to fork out the expert fees from your own pocket.

In cases like these the consultation would be free with an attorney. I'd go for it and see what happens.

[this8384]

What state is this in? How long ago did this take place?