If your doctor, or for example Hartford Hospital inadvertantly leaves a surgical instrument inside you it is pretty clear that medical malpractice has occurred. But the more important question is whether you have a valid medical malpractice claim.
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You must never forget about damages and causation. In order to have a valid claim for medical malpractice you must have three things:
First, medical malpractice.
Second, damages, or harms and losses. Serious ones.
Third, causation. The harm must have been caused by the medical malpractice.
In the example above about surgical instruments being left inside you, while that does constitute medical malpractice you still need to prove that you suffered harm as a result of the surgical instruments.
So, if we assume that surgical instruments were left inside you, and then after the surgery a scan was done and the error was quickely picked up, and then your doctor immediately went back in a removed the instruments, then you will have suffered some harm in the form of that second procedure. But that is it.
If a medical error is discovered an fixed in such a way that you suffer no harm from it, then their is no valide medical malpractice claim.
If you or anyone you know believes you suffered serious harm as a result of medical malpractice contact the medical malpractice lawyers at The Bartinik Law Firm, 100 Fort Hill Road, Groton, CT. at 860-445-8521 or toll free at 888-717-4211.