Broken Tool

[B7qg6x5m]

Hello all-
*I posted this in the DODMERB forum, but I am looking for any and all input.
I have been awarded an AFROTC 4 year, Type 7 scholarship. I have received a DODMERB remedial requesting all information regarding a shoulder labral repair I had in Feb '08.
I have obviously disclosed the injury and surgery to DODMERB, however, because there was no place to list complications, I did not. During the surgery, the tip of one of the tools was broken off and fell deep into my soft tissue. The doctor could not find it, and as such sewed me back up with it still in the shoulder... This is mentioned on three occasions in my shoulder paperwork.
Taking it out would require full open surgery (as opposed to arthroscopic) and would be a very long recovery.
The piece does not really cause me problems (every now and then I get a sharp twinge of pain in the shoulder but have no idea if it is the piece or just recovery pain). Doc said she had this happen one other time about 10 yrs ago and the patient is fine.
Will I get DQ'd for this? If I do, is it grounds for a law suit against the doc for the lost scholarship?

 

[T-Bone]

I don't know if you would get a dq because of it but I do know that you would have a pretty good suit. If that was given as the reason for the DQ from DODMerb, I would run to an attorney.

 

[terp1984]

I'm not a legal expert, but 5 years has lapsed since the surgery, I think the time frame for lawsuites from time of surgery is 2 years. There may be some legal people on board that may confirm.

 

[B7qg6x5m]

Oops I misspoke. The surgery happened on February 8, 2012. I got all mixed up there

 

[T-Bone]

I'm not a legal expert, but 5 years has lapsed since the surgery, I think the time frame for lawsuites from time of surgery is 2 years. There may be some legal people on board that may confirm.

...Usually, but not always! It is possible that something called a "tolling provision" may be used. The OP needs to talk to an attorney in his State, but a classic example of when this provision is used is; foreign objects being left in someone and complications arising later.