surgical clip left in after gall bladder surgery

Is it normal practice for a surgical clip to be left in after Gallbladder surgery? Mine was in 1989 in Colorado. I would think they would have taken it out, when they removed my staples.

Asked on March 18, 2017 under Malpractice Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is a medical question, not a legal one: you need to speak with the appropriate kind of doctor (e.g. an internist) about what *was* acceptable practice 28 years ago--medical practice is judged by what was known and what were the standards when the procedure was done, not by what is known or done decades later. Even if it was not then normal practice, after 28 years, it would almost certainly be too late to sue (you would have passed the relevant "statute of limitations" and "statute of repose" in most states, which define how long you have to sue) and, in any event, you can only sue for the costs (e.g. other medical costs) this caused or harm it did you, so if you lived with it with no harm for almost 3 decades, there is nothing to sue for.


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