surgical clip left in after gall bladder surgery

UPDATED: Sep 30, 2022

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surgical clip left in after gall bladder surgery

Is it normal practice for a surgical clip to be left in after Gallbladder surgery? Mine was in 1989 in Colorado. I would think they would have taken it out, when they removed my staples.

Asked on March 18, 2017 under Malpractice Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is a medical question, not a legal one: you need to speak with the appropriate kind of doctor (e.g. an internist) about what *was* acceptable practice 28 years ago--medical practice is judged by what was known and what were the standards when the procedure was done, not by what is known or done decades later. Even if it was not then normal practice, after 28 years, it would almost certainly be too late to sue (you would have passed the relevant "statute of limitations" and "statute of repose" in most states, which define how long you have to sue) and, in any event, you can only sue for the costs (e.g. other medical costs) this caused or harm it did you, so if you lived with it with no harm for almost 3 decades, there is nothing to sue for.

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 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.

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