I had gastric bypass surgery and my doctor used titanium staples after I inform him and the hospital I had a allergy due to a previous implant that I had removed. They place a titanium allergy bracelet on me during surgery. I am now have pain like before. The nurse has indicated I can have the metal removed but should I be financially responsible for it?
If you have insurance, it is possible that the procedure can be covered as a revision. However it seems that you are wondering if you could hold the doctor responsible for the removal since you had informed him that you were allergic.
It will depend. Do you currently have an injury other than ordinary pain in the area? such as: an infection, loss of feeling etc? a causal link would need to be established between the pain and the titanium as well as a actual damages.
id advise you to speak with an attorney to flesh out more of the facts as to the specifics of your case.
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