What are my rights if surgical clips were left in my right upper quadrant of my abdomen?

I had gallbladder surgery 24 years ago. Then, 6 months ago, I had a bout with pneumonia. When they did my lung X-ray it showed the clips that were left in after my cholecystectomy. I have stomach pain often and because of the pain have scheduled to see my gastrointerologists. In the meantime, do I have a legal case against the hospital?

Asked on July 31, 2012 under Malpractice Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it appears that in your state, the statute of limitations (time to sue) for medical malpractice involving foreign objects left in the body is capped at 10 years--that is, you cannot sue more than 10 years after the surgery. Since the surgery was 24 years ago, it appears that it is too late to take legal action.

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