If I recently was informed that surgical clips were left in my upper quad after surgery, do I have a legal case?

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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 6 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.


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