Surgical clip left in my abd, need some stats plz

What is the name of your state? North Carolina

Wondering if anyone can help. Long story, Ill try to keep it short. Next month I will be at the limitaion to sue. I had a hysterectomy, the surgeon left a clip in my lower abdomen. I work at the hospital this occurred in. The hospital is will ing to settle with me without the use of a lawyer. They have agreed to pay med bills, time missed from work. I need to know what the average out of court settlement is for foreign object suits and I need to document a reference. Need to know what else to ask for. I just have to submit claim letter. The already offered to pay for all costs if I get clip removed. But I went to one of their surgeons ( chier of staff) for an exm and he states in the dictation that the object is from that surgery and advises against taking it out. I was told to live with the occaisional pain. . I need to come up with a number above and beyond costs and put it in this letter. The more proof I have. Documentation... the more likely I will get a good settlement from them. I also need a good lawyer to sue the surgeon. The hospital is being very reasonable. any info would be great.

Bottom line: Where do I get statistics on the average settlement for Foreign body/negligence lawsuits, especially in NC?

That you for help Janine

[ellencee]

janineerrn

If the statute of limitations is up in one month, most likely you do not have time to sue the surgeon. I seriously doubt you will find an attorney willing to take the case with only one month left in which to file a medmal suit on your behalf.

I don't know where you will find an average of awards, but if you do find the information, it will be based on damages recovered through medmal suits and will be an amount higher than you can expect to recover as you do not have attorney's fees, experts' fees, and other such associated costs for which you need to recover.

Based on my experience working with NC attorneys, as a rule of thumb in personal injury settlements, the amount is usually 3 times the medical bills plus an amount equal to 2 times the amount of lost wages. The 3 times the medical bills portion is usually dispersed with 1/3 paying the medical bills, and 1/3 going to the attorney, and 1/3 going to the client. The lost wages portion is usually dispersed with 1/3 going to the attorney and 2/3 going to the client.

Since your employer is settling with you and paying for all medical costs and all wages during your recovery period, you may just want to pick a number that you consider to be satisfactory and one that will not cause your employer to look upon you disfavorably since you seem to enjoy a mutually beneficial and satisfying employer/employee relationship. I also suggest that you request protection of your personal leave time accrual and benefits.

it is difficult to value a case such as yours without reviewing your medical records and understanding what effect the surgeons malpractice has had on your life. moreover, you would be well served to get an opinion regarding what future damages you may sustain if you choose not to have the clip removed. there is jury verdict research available, however, as it is friday evening and i am not in my office, i cannot tell you at this time what the average awards are in your jurisdiction. you would also want to do some research regarding jury verdicts in the other possible jurisdictions where you could bring a claim (possibly where you reside, where the hospital is located, where the surgeon resides, etc.....you would also want to check into the potential of bringing an action in federal court if the criteria for diversity jurisdiction is met)...that said, it would appear as if you have a substantial claim which would be more valuable if handled properly by an attorney. if the hospital is willing to settle, be assured, that through their insurance company they are lowballing you....in my experience, injured parties will get nowhere near what their case is worth on their own....good luck to you and find yourself a good attorney quick....by the way, even with the statute of limitations approaching, based upon the nature of your case, i do not believe it would be difficult to find an attorney who could help you and get the matter into suit to preserve the statute....

harris c. legome, esquire
wallace and legome, llp
1-800-536-6575
[email]attyhcl@aol.com[/email]

I am just a lay person. But I remember reading somewhere that if a foreign material is left in the body after surgery ie...sponge,clamps.... that the SOL can be extended. This man had his appendix removed and 2 years later he had a CT scan because of the pain he was feeling in his abdomen, and low and behold there was a clip in his belly. Left over from the previous surgery. He sued the surgeon and hospital and won. But, like I said, I am just a lay person. I would still contact an attorney to help if it were me. I hope all turns out ok for you. Good luck.
Katy

[ellencee]

katyann
You are right about the statute of limitations and objects from surgery being left in the body, but the statute begins to run once it is discovered. I have to assume she is using the time limit following her discovery of the clip's being left.

This person's situation is pretty clear cut as far as did an act of negligence occur, so that is in her favor if she seeks an attorney to represent her in a suit against the surgeon even with only one month remaining.

I don't think any of us advised her not to settle with the hospital if she intends to sue the surgeon until she has met with a medmal attorney in her area and received legal counsel. So, Janine! Don't settle with the hospital until you meet with a medmal attorney and receive legal counsel!

the last post was absolutely correct in advising that you should not settle with the hospital, or anyone, until after you have met wtih a medmal atty and have had a chance to discuss your claim in full detail. the attorney should also have an opportunity to gather and review all of your medical records and will probably want to have another expert review those records so as to understand potential future complications/permanency/treatment, etc...as far as putting the case into suit, you will probably have to file suit against both the hospital and the surgeon (and possibly others) immediately to preserve your rights...that should not affect any settlement as the hospital will most likely not take away their offer if the matter goes into court, in fact, if anything, they may be willing to increase the offer....finally, once the matter is placed into suit, your attorney may want to discuss some sort of binding arbitration with the hospital/surgeon or a mediation where the case can be resolved early...good luck.

harris legome, esquire
wallace and legome, llp
1-800-536-6575
[email]attyhcl@aol.com[/email]

by the way, what has the hospital offered to settle this case

Apparently you asked a member of that hospital staff for an opinion. Good grief. He is a member of the enemy. Go now to a malpractice lawyer with experience and let him help you. If the hospital is offering any kind of settlement up front, that means they KNOW they are responsible. Of course they will under-estimate any future problems. Stop worrying about how much money this matter is worth. Let a lawyer do that for you. You have a life ahead of you. Don't let you concerns about "not hurting feelings" stand in the way of a fair settlement and a promise of future medical costs.

I am an ER nurse. I only found out in AprilI of 2002 that I had the clap there. I had pain for years but no one ever bothered to scan my abd. I have fully researched this. I have all my xrays and med records. The statute of limitations in NC is 3 yrs from discovery but no longer that 10 years from date of surgery. Next month is 10 years.

I got a medmal lawyer May 2002, right after I found out. He has had all my records since. I did ALL the research. Lawyer tells me it could be a difficult case and upped the percentage of his fee.

I am in the process of writing a claim to the hospital, I want to give it to them on Tuesday. They will settle fairly. I work there, love my job, and I want to be reasonable with them which is why I need some stats. If I compose a well written, well documented letter, I feel I will get a fair settlement. I just need to find out what "fair" is. I need referencable sources of settlements of a similar nature.
I will give them a deadline to respond. If they wont negotiate I will sue. As far as the surgeon is concerned, I will go to him the second I get a settlement from the hospital and "have a little talk with him" if he wont settle I will sue. How could he not consider it with a settlement from th hospital.
I have a history and physical from the cheif of OB at the hospital I work at that confirms the clamp came from this surgery. Id rather do all this myself and save everyone a lot of lawyers fees. Im a nurse, I have issues with illegitimate suites. Please email me if you would like to help me collect stats and write the claim. [email]janineerrn@yahoo.com[/email]. Thanks so much, It would be so very greatly appreciated.

If anyone knows where I can find written surgical standards for surgeons, OR staff, etc.... please let me know.