I recntly went in for an MRI and found there was a metal object ( surgical tool) left inside, which is causing pain. Next step?

Asked over 4 years ago - Erie, PA

I had surgery 3 years ago and recntly went in for an MRI and found there was a metal tool left inside my pelvic area which has been causing me some pain and discomfort for the past 2 1/2 years (which is why I went in for the MRI). Do I have a possible malpractice case?

Attorney answers (4)

  1. Joseph Patrick Rewis

    Contributor Level 7

    Answered . It is highly likely that you could have a medical malpractice case as it is negligent for tools or objects to be left inside the body. The pain you have experienced are damages you can be entitled to recover for. It would also depend on a few other factors. What was the nature of the surgery and in what area of the body was it done? Also, have they indicated what type of tool it is that was left behind? On what date did you get the MRI results that indicated the object was still inside your body? A lawsuit will likely need to be filed at some point, as these cases can be difficult to settle for fair value, all of your medical records will need to be obtained and you will need a medical expert retained to provide their opinion. I would recommend you obtain legal counsel.

  2. Jerry I. Meyers

    Pro

    Contributor Level 7

    Answered . Yes you have a claim. Your immediate concern should be to confirm whether the pain you have suffered is caused by the tool. You should also consult your doctor cercerning what removal of the tool entails. Though a simple case to present you should obtain a lawyer with experience in medical malpractice to assure the best results. Cases of this kind can usually be resolved without suit being filed so long as your expectations are reasonable. You should make sure the tool is removed if medically indicated and that you have fully recovered or know the full extent of any residual problems as may result from removal of the tool.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Yes. You should consult with a local personal injury attorney as soon as possible. Do not delay in seeking counsel, as the statute of limitations for bringing a medical malpractice claim is often shorter than for other types of torts.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

  4. Jeffrey Michael Donato

    Contributor Level 14

    Answered . Yes. I would immediately contact a medical malpractice attorney in your area. Various statute of limitation issues might be in play (although the discovery of the object now may toll the statute and allow more time to file the suit). There also may be some major time issues if the malpractice occurred in a state/public hospital. Please make sure to get in touch with an attorney right away. Good luck.

    THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

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