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

Asked 10 months ago - 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. Michael David Lindner Jr

    Pro

    Contributor Level 14

    8

    Lawyers agree

    Answered . 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... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  3. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    Answered . So, what is your legal question?

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  4. David Herman Hirsch

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  5. Mark T McMenamy

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . 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.

  6. David Ian Schoen

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

  7. Samuel Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,958 answers this week

3,032 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,958 answers this week

3,032 attorneys answering