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Limiting Med Mal Actions When a Foreign Body Is Left in the Patient

By Emily A. Bloch
April 28, 2005

Many states make an exception to the time limitation in which a medical malpractice action may be brought if the cause of action is based on a foreign object left behind in the plaintiff's body. But what if the defendant was not the one who placed the foreign object in the patient? Will the foreign-object exception leave the doctor, nurse or hospital vulnerable to suit years after the patient was treated?

One State's Experience

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