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Claimant's opinion: Debilitating pain and stomach distention frequently due to scattered metallic clips
A court would not, I think, accept this case without evidence that staples/clips are astray and causing damage, and nor should it. However, if I were this doctor I'd want to both verify that my work had not, in fact, harmed a patient and keep my reputation intact--and also correct any problem.
If you don't have insurance that will cover an expert opinion from a bariatric specialist, I would suggest that you and the doctor split the cost in the interests of your health and his reputation.
Once you have at least one expert opinion, and perhaps more if the result is inconclusive, you can go from there.
I do agree that your health is the most important thing and I strongly encourage you to pursue an expert opinion even if the doctor does not choose to accept this suggestion. With two young children, you MUST look after your health!
I agree that this looks bad, but I'm no more of an expert on bariatric surgery than the other commenter. Sadly, your physical therapist probably knows little more.
At this point you need to find out once and for all whether this is really an issue and the root cause of your pain. Yes, doctors do cover for each other, but most are also aware of malpractice issues. A radiologist at a teaching hospital is not going to say "that's just dust" if that isn't the case. Teaching hospitals are usually the best place to go for second opinions.
This is important for your health. I am disappointed that your doctor has not responded to you, but you need to move on and do what has to be done. Only once you know the truth can you really pursue a medical malpractice suit.
I looked at your scan, and unfortunately I just can't say what all that is. I'm not a radiologist, and I'm not a bariatric doctor, so although it certainly LOOKS bad to me, an expert would have to tell you whether this really is floating staples and really is the cause of your pain.
I am extremely sorry that you are suffering like this. Your doctor should have responded to this complaint. If he has not, I would strongly recommend that you contact:
1) A bariatric surgeon who will be able to give you a firm opinion on your CT scan and any potential fixes, should that be the problem
2) A medical malpractice attorney licensed to practice in your state. They will be able to refer your information to a suitable doctor and get an opinion about continuing.
However, obviously the ideal person to review this and explain any issue is your original surgeon. He carries malpractice insurance for precisely this kind of unforeseen event - if it IS an event - and it will be much less expensive and traumatic to handle it directly.
I hope you will find an answer to this quickly.
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