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I recently had a surgery. Causing me to have another surgery OON. They found that Metal Clips were left in my intestines.

Manasquan, NJ |

This caused a sever staph infection and weeks of pain. I had to go Out Of Network to Another State Is this cause for Malpractice. I have the Pathology report that supports this

Attorney Answers 7

  1. So, what is your legal question?

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  2. You need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. A forum such as this is really very limited when it comes to any attorney being able to give you a substantive response. Medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

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  3. You need to get all your records and take them to an attorney who handles medical malpractice cases for review by a physician.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  4. You would need an attorney to review, and have an expert determine whether the clips left in you after the surgery were the cause of the staph infection, because in general, clips should not cause an infection, as they are a routine and required tool for many surgeries, and are often left in after a surgery.

    Further, absent some type of long term permanent injury, it is likely that the ultimate injury, even if caused by negligence, is not enough to warrant and justify the time, effort, cost and risk for an attorney to handle on a contingency basis.

    That said, you have the right and should obtain your medical records and have an attorney go over them with you.

    Each case is fact sensitive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

  5. You need to identify the procedure that you had originally.

  6. More information is needed to evaluate. Have a malpractice lawyer order the records to investigate. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo lawyer with a low contingency fee. Good luck.

  7. You may very well have a claim for medical malpractice and you should discuss it with an attorney. When hardware is left in a person after surgery, it is usually in conjunction with surgery in which the patient is advised that some hardware will be left inside you to help with an orthopedic repair.

    Any medical devise that is going to be implanted into a patient requires their written consent to the procedure. If you had no idea that anything was going to be put in you, that would suggest that a surgical clip may have been mistakenly left inside the patient. These can be difficult to see in a bloody operative field, however, all equipment should counted before and after the surgery so that they will know that something is missing that may have been left inside the patient. You should obtain your medical records and have them reviewed by an attorney.

    Please be advised that you have two years to file a medical malpractice or personal injury case in NJ, however, this two year period probably does not start to run until you learned that the clips were left in you.

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