Would I have a good case against a doctor that left surgical clips in me causing constant pain and 2 surgeries?

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Would I have a good case against a doctor that left surgical clips in me causing constant pain and 2 surgeries?

I had an ovary removed a year ago and was still in constant pain. I just had surgery to find out why and my doctor found 2 surgical clips inbedded in me that will require another surgery to remove them.

Asked on May 25, 2012 under Malpractice Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you would seem to have a good case: foreign objects left after surgery is a fairly common category of malpractice. Malpractice, or "bad practice," is the provision of medical care which does not meet generally accepted standards for such care. Almost by definition, leaving something behind after surgery which should have been removed is malpractice. If malpractice was committed, you can sue for pain and suffering, for medical costs to fix the problem, and/or for lost wages or diminished earning potential (if you had some impairment of your ability to work). From what you write, it would be worthwhile for you to consult with a medical malpractice attorney about bringing a lawsuit.


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