If after surgery I was having pain and went to the ER and X-rays showed a metal fragment that looked like a staple, what can I can do?

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If after surgery I was having pain and went to the ER and X-rays showed a metal fragment that looked like a staple, what can I can do?

I had ulnar nerve relocation surgery. I went to the ER after being in pain 3 days. The ER doctor said X-rays showed a metal fragment in my arm seemingly looking like a staple. Is there anything I can do? Should I speak with a medical malpractice attorney? I’m in Lawrence County, OH.

Asked on November 26, 2011 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you should definitely speak with a malpractice attorney if you think the staple may have been left in your arm improperly (e.g. in the wrong position; put in badly; left in when it  should have been taken out; etc.) as a result of the surgery. If the staple was improperly placed or left in your arm, that might be malpractice; and if it is malpractice, you may be entitled to compensation for pain and suffering (if significant or prolonged), out of pocket medical costs due to the staple (e.g. cost of emergency room, X-ray, removing it), and any lost wages if you miss work.


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