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

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

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.

Peter J. Weinman and Tim Akpinar agree with this answer

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

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

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