A coroner found a swab in my husbands heart after his failed heart surgery. Is this a wrongful death medical malpractice claim?

Question:  My husband passed away about a month ago.  During the autopsy the medical examiner found a swab that was left in my husband’s heart from a recent cardiac surgery. Is there any legal action that I can take to obtain wrongful death punitive damages?

Response: You may be able to take legal action against the doctor and/or hospital for the negligence that occurred, assuming the swab played a part in your husband’s death.  Although we are all human and mistakes happen, there should be adequate stops in place to keep mishaps such as this from taking place.  The fact that a swab was left in your husband’s heart not only means the doctor was not paying attention, but his nurses and staff were not paying attention either. You absolutely need to seek the advice of a medical malpractice and fatal injury attorney to evaluate your case. He will then be able to refer your claim to the medical experts necessary to build a strong case against the hospital and doctor. Again, time is of the essence here due to wrongful death statute of limitations in most states regarding medical malpractice claims.

Answered by Leather Martin

Additional Resource: Medical Malpractice Fault

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