If I just found out that whenI had my gallbladder removed 10 years agothey left surgical clips in me, what shouldI do?

Asked on November 11, 2011 under Malpractice Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to speak with a medical malpractice attorney.  The statute of limitations in a medical malpractice case does not start running until you discovered the surgical clips.  This means that you still have time to file a lawsuit despite the fact that the surgery was ten years ago.

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that in this case a reasonable surgeon in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing your lawsuit, it may be possible to settle the case with the surgeon's malpractice insurance carrier.  You should obtain your medical bills and medical reports from the operation itself and also from the medical practitioner who discovered the surgical clips.  Your claim against the surgeon's malpractice insurance carrier would include the medical bills, medical reports, and documentation of wage loss if applicable.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills. 


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