Do I have a medical malpractice case?

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In March 2018, I had prostate removal surgery followed by radiation. After 6 months I started having pain and over the next several months a couple of large blood clots were expelled in my urine. In June 2019 I scheduled an appointment with the urologist. The urologist found a surgical clip that was left behind during surgery. Since it was in there for some time, stones (similar to kidney stones) developed on the clip and had embedded itself in my sphincter. Eventually every time I did kegel exercises, which were required post op exercises, I was in pain. Do I have a possible medical malpractice case?

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Tobie Waxman ·
Possibly. For some surgeries, left behind surgical clips happen. It's a known risk/complication of surgery and can occur in the absence of negligence. You should find out from your urologist whether this was that type of surgery, or whether leaving behind a surgical clip is in fact negligent. The other issue is whether you had post-op complaints that you expressed to the surgeon and whether he/she considered left behind surgical instruments as a possible cause. From your fact pattern you only mention seeing a doctor in March 2018 and then a year and 3 months later in June of 2019. Retained foreign body and then a failure to diagnose or delay in diagnosing the cause of your pain and the blood clots are two separate issues. You should discuss this with the urologist (or get a second opinion if this urologist is the same one who performed the prostate surgery.
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