The Medical Malpractice and Personal Injury Blog

Medical Malpractice Lawsuit Revived by Foreign Object Court Ruling

Posted by Peter Heed on June 11, 2015

A foreign object left inside of Adam Walton's heart in 1986 but not discovered for more than 20 years has revived his medical malpractice lawsuit, according to a NY appellate court.

The higher court ruled that the four inch long catheter was indeed a foreign object accidentally left behind in the young man's body rather than what the Appellate Division panel had ruled based upon their belief that the device was a "fixation" device intentionally inserted to correct a congenital malfunction. 

This is an important victory for healthcare consumers and patients who've experienced similar medical errors.  Justice may have been delayed but in this case it wasn't denied, at least at this stage in the civil justice process.

Peter Heed

Contact Peter Heed:
603-354-3000 or pheed@arbd.com

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