East Hanover, NJ asked in Medical Malpractice and Personal Injury for New Jersey

Q: Found out 3/16/24 I have medical clips in my abdomen. I requested all my hospital records

2 Lawyer Answers

A: I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the proper entity (some hospitals or physician's billing offices farm out medical records retrieval to third-party vendors). In the meantime, you could try to set up a consult with a law firm to discuss the matter in greater detail. Most attorneys who handle such matters offer free initial consults, and they usually work on a contingency basis, if they identify a viable basis for pursuing a case. I hope you are okay. Good luck

A: Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to justify bringing a malpractice lawsuit.

Of course, every case depends on its own particular facts and circumstances. If, in your particular case, leaving the medical clips behind was a departure from the accepted standard of care AND they have caused significant injuries to you, you might be able to successfully bring a medical malpractice lawsuit.

After obtaining all of your medical records, you should have them reviewed by another surgeon in the same field of medical practice as the one responsible for leaving them behind to determine if that was a departure from the accepted standard of care and to determine if the medical clips are responsible for ensuing significant injuries to you.

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