If I recently was informed that surgical clips were left in my upper quad after surgery, do I have a legal case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I recently was informed that surgical clips were left in my upper quad after surgery, do I have a legal case?
I don’t sleep at night.
Asked on October 2, 2015 under Malpractice Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you may well have a claim for malpractice, assuming that the clips were not supposed to be left in the way surgical staples are sometimes left in. If the clips were left in accidentlally, that would have been negligent, or unreasonably carelesss. . .and so malpractice. You could potentially recover the cost of medical treatment e.g. to remove them and possibly some amount for pain and suffering. If the clips were not meant to be left in, you should speak with a malpractice attorney to evaluate the strength of your case and what it might be worth.
However, if the clips were meant to be left in, then you probably would not have a case, unless the way they were left in was incorrect.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.