If I recently had a CT scan that showed that I had a metal object left in me after surgery, legally how should I proceed?

UPDATED: Feb 5, 2015

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If I recently had a CT scan that showed that I had a metal object left in me after surgery, legally how should I proceed?

There is an approximately 9mm in length metal “something” in the abdominal area. Apparently it was present several years ago that a different radiologist failed to report on. I had bladder surgery/hyst several years back.

Asked on February 5, 2015 under Malpractice Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

This is likely malpractice, but what are your damages? What are you suing for? The law only provides compensation for actual injuries, costs, and losses. Is the metal hurting you? Does it have to be removed? Or is it harmless and can stay? If it's hurting you, you be able to sue for the pain, disability, impairment, etc. you have suffered. If it has to be removed, you could sue for the medical cost to do so, and possible for "pain and suffering" or lost wages connected with the time you spendin surgery and recovering from it. But if the metal is harmless and will stay, you have no damages--nothing to sue for--and likely cannot receive much, if any compensation.

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