Can I sue if a surgeon left staples near my naval area?
Question Details: I had surgery about 7 years ago. When I recently had an X-ray I discovered that I have staples in my stomach.
Medical malpractice is negligence. Maryland has a five year statute of limitations for filing a medical malpractice lawsuit or three years from the date you discovered or reasonably should have discovered the malpractice.
You can use the three year rule ( less than three years since you discovered the surgical staples) to timely file your lawsuit without being barred by the statute of limitations.
Within 90 days after filing your lawsuit, you must file a certificate of qualified expert which means that a doctor in the same specialty as the doctor who committed the malpractice, has examined you and determined that the standard of care by your surgeon was not satisfied.
If the certificate of qualified expert is not filed, your lawsuit will be dismissed.