Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?
She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her surgery that is possibly and likely the cause of her barely being able to walk presently.
Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.
To establish a medical malpractice claim, your mother will need to prove that:
The doctor owed her a duty of care. This means that the doctor had a legal obligation to provide her with competent and reasonable medical care.
The doctor breached the duty of care by failing to meet the standard of care. This means that the doctor fell below the standard of care that would be expected of a reasonably competent and skilled doctor.
The breach of duty caused your mother's injuries. This means that her pain and suffering and her inability to walk were caused by the metal clip that was left in her body.
If your mother is successful in her medical malpractice claim, she may be able to recover damages for her medical expenses, lost wages, pain and suffering, and emotional distress.
A: Yes this is a potential case. If the item was not to have been left in the malpractice is clear. Consult with experienced malpractice attorneys in the state where this occurred.
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