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Vice & Hunter LLP

Clip found in woman highlights existence of 'never event'

There is no question that under some circumstances, undergoing a surgery is the best course of action. Depending on the medical condition one is living with, an operation could result in a great improvement to the patient’s health. Unfortunately, this is not always the outcome of these procedures. There are many reasons why the outcome of a surgery could lead to a patient being in a worse condition than when they started. A Canadian woman who was originally from Bulgaria knows this first hand.

The woman underwent surgery on her gall bladder in 2009. Following the surgery she experienced multiple side effects. In addition to stomach pains she described as excruciating, she also needed reminders to eat because she no longer felt the sensation of hunger. The pain meant that she needed assistance to eat, dress and shower. After a year passed and she went to the hospital eight times without improvement, she returned to the country of her birth, Bulgaria. There, the cause of the pain was uncovered.

A clip that was used in the course of the 2009 surgery was left insider of her. Lodged deep inside of her stomach, the metal clip held together an artery and the main nerve of her liver.

Leaving objects in a patient following a surgery is supposed to be something that never occurs—or a “never event.” When it does, the injured party could seek damages from the parties responsible for the negligent act. Since these cases are usually complicated, it is best to contact a medical malpractice lawyer for help.

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