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I recently discovered that I have surgical clips left in my body, I have had pain in this area for years.

Louisville, KY |

I recently discovered I have surgical clips in my right upper abdomen, I have had my gallbladder removed, but it was laser surgery the doctor didn't say anything about using clips.
For years I have had pain in this area and not one time did any doctor tell me about the clips.
Do to having a history of kidney stones I assumed this was causing the pain now I am stone free and the pain is getting worse.
I seen a urologist last week and he confirmed it could be the clips.
So my question is do you think I would have a case?

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Attorney answers 2

Posted

You may have a case. There are several things to consider, and a lawyer will help you sort them out. Issues in medical malpractice cases include whether the doctor was negligent in treating you. Another issue is whether you suffered harm as a result. You should be able to consult with a medical malpractice attorney for free, which I would suggest doing. Find someone who focuses their practice on medical malpractice -- they are more likely to know whether you have a case.

Posted

I am not licensed in KY, and can offer you only general advice. In order to prove a claim of medical negligence you must prove that a deviation from the standard of care caused you significant and permanent damages. I am not certain that leaving a clip in during the removal of your gallbladder is a deviation. I have handled a few gallbladder cases. There may be a reason to leave a clip in place (it may be necessary to prevent the flow of bile from emptying in your abdomen. One quick way for you to find this out is to ask your surgeon.

I also agree that a local lawyer who handles medical neglgience claims will be better able to answer your questions. Generally claims like yours are litigated for several years and require the expense of medical expert testimony.

Betsey Herd
Tampa, Florida

Asker

Posted

shouldnt they have to tell you they have left clamps in you? i just found out that i have clamps in me . and no dr before now ever told me they left clamps in me im very upset my this. my dr asked me if i had ever had back surgery. and i never have. i dont feel anyone should be allowed to leave them in with out telling you. my back kills me all the time. wondering now if its from these clamps

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