You may have a medical malpractice claim for leaving surgical implements in the wound site.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
Do not delay in contacting an attorney because often the statute of limitations for bringing medical malpractice claims is shorter than for other types of torts. The statute of limitations varies from state to state. Call a personal injury attorney today. You should be able to arrange a free consultation.
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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 ensure proper advice is received.
I'm not a doctor but I have some knowledge of this procedure. They always use surgical clips in the area where they take out the gall bladder. That should not cause back pain.
It does not sound like you would have a medical malpractice claim based upon the surgical clips alone as these are common with the procedure you've described. Nevertheless, if you are having persistent pain, it may be prudent to consult and be examined by a medical EXPERT, not just an ER doctor. If the specialist finds errors or potential errors, then you should consult a medical malpractice attorney immediately or you may miss the statute of limitations.
IMPORTANT LEGAL NOTICE: Ms. Brownâ€™s response to the question above is not legal advice and it does not create an attorney-client relationship. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual. If you would like to obtain specific legal advice about this issue, please contact an attorney in your state. Ms. Brown is licensed to practice law in New York. If you would like to contact her directly for a legal consultation, you may do so by calling 718-878-6886 during regular business hours, or anytime by email at: email@example.com
Whenever someone feels that there may have been malpractice, they should contact a medical malpractice lawyer who can order the medical records and have a medical expert review to determine if there was malpractice.
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You should go to a doctor to have your case reviewed. You very well may have a cause of action if the surgical clips were left inside of your body which may be causing you pain. If you would like to discuss it further, please feel free to contact me offline at:
This response is not legal advice and should be considered as attorney advertising. No attorney client relationship has been formed based on this response.
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