Atlanta Surgical Stapling Injuries Lawyer
The risks associated with surgical staples are high, and until recently, the dangers have been relatively unknown. Over the last decade, the Food and Drug Administration has failed to report 50,000 cases of stapling malpractice nationwide.
Since 2010, over 110,000 patients suffered injuries due to surgical staples, and some of these individuals have been able to recover long-overdue damages with assistance from a knowledgeable malpractice attorney. If you suffered an injury because of the application or removal of surgical staples, an Atlanta surgical stapling injuries lawyer could help you understand your rights under Georgia law.
Types of Medical Staple Injuries
During the last decade, thousands of operations involving surgical staples have gone wrong. Like staplers found in office buildings or construction sites, medical staplers can misfire, jam, or bind unwanted materials together.
Stapling together skin or muscle tissue unnecessarily, improperly securing the surgical site, sourcing staples that contain patient allergens, or using misshapen staples can cause life-altering injuries to the patient. A staple gun may malfunction, inserting too many staples or failing to insert any staples at all. To understand if your surgery may be grounds for a lawsuit, it may be necessary to speak to an attorney in the Atlanta area familiar with the damage that improper surgical stapling can cause.
Statute of Limitations in Atlanta Surgical Stapling Cases
The Official Code of Georgia establishes various “statutes of limitations” that limit the amount of time a person has to file charges against a surgeon, medical supply company, or hospital, depending on the specifics of the alleged malpractice. Georgia law provides for a general statute of limitations for stapling malpractice and with some very limited exceptions.
Official Code of Georgia §9-3-71 allows two years for patients to file a medical malpractice lawsuit. Due to Georgia’s “statute of repose”—under no circumstance may the party file a medical malpractice lawsuit after five years.
Steps in Filing a Surgical Staple Malpractice Claim in Atlanta
Depending on the size and scope of a patient’s damages, he or she may be entitled to financial restitution. Under O.C.G.A. §9-11-9.1, an injured patient seeking to file suit would need to secure an “expert affidavit” to be attached to the complaint. This expert would need to be qualified pursuant to O.C.G.A. § 24-7-702.
In essence, the expert affidavit is a statement from a licensed medical expert alleging that the healthcare provider committed malpractice and that malpractice caused the patient’s injuries.
Anyone who has suffered financial or emotional damages because of the mishandling of surgical staples should speak to a surgical stapling lawyer in Atlanta today to explore his or her options.
Make an Appointment with an Atlanta Surgical Stapling Attorney
When you go into surgery, you put complete trust in the technicians and surgeons who carry out the procedure, as well as in the tools and instruments they choose to use. Ideally, the medical experts who perform your operation have your best interests at heart and would acknowledge wrongdoing should it occur. Unfortunately, this does not always happen, in which case patients must fight to have their case heard in a court of law.
If you have undergone surgery involving medical staples and believe the insertion or removal of your staples has caused you financial loss, pain, or undue emotional distress, an Atlanta surgical stapling injuries lawyer may be able to help you. Make an appointment today to have a skilled legal professional study your case and help you understand what may be possible in your situation.
