Order Allow,Deny Deny from all Can I sue my doctor for leaving something in my body during surgery? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


Toll Free (855) 346-5897

In the State of Florida we have a statute that has a presumption in it that a doctor, or medical provider was negligent if it’s determined that the doctor or medical provider left something in your body. It’s not a case that you see too often, but, in my experience I have seen cases where clips and clamps and sponges were in fact left inside the patient’s body. That typically means that somebody wasn’t counting things during the operating room procedures. If the sponge count or the tool count is off, it may well be that there is something left in the patient’s body. If the patient is someone who is unfortunate enough to have that situation happen, then there’s a presumption that the doctor or the hospital did something wrong, but it’s what we call a rebuttable presumption. That is, they can come up with a reason why it was left in. It’s not always a good reason.