Flushing, NY asked in Medical Malpractice and Personal Injury for New York

Q: I had breast lifting 2020 and today I had mammogram and they found doctor left clip inside my breast. What I should do?

The surgery was in Miami

4 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: Are you may have a medical malpractice case. Consult with experienced attorneys. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

Tim Akpinar agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because they do not cause any harm to the patient). You can certainly look at your operative report to see if it makes mention of the clip, or perhaps try contacting your surgeon to see if it was supposed to have been left inside you. Either way, absent any harm caused by the clip, the time and expense of a malpractice lawsuit would arguably not be justified.

Tim Akpinar and Peter J. Weinman agree with this answer

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • STATEN ISLAND, NY
  • Licensed in New York

A: I agree with attorney Ratchik's analysis but suggest that you should probably confirm with an attorney licensed in Florida by posting this question in the Florida section of this website. The analysis and thresholds may be different there.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: In terms of your question of what you should do, that is an individual decision. Maybe the best way to answer the question is to reach out to attorneys to discuss. Free initial consults are typical in the industry for such cases. My colleagues have raised good points in terms of the extent of harm suffered, surgical norms, and Florida venue issues. There are a number of other issues that a free initial consult could outline for you. Equipped with that information, you would be in a better position to make a decision. Good luck

Peter J. Weinman agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.