Greg went into the doctor because of pain he had been experiencing in his right shoulder. The doctor did an MRI and advised her that he was in need of rotator cuff surgery. After discussing all of the risks associated with it, Greg agreed to undergo the surgery. The surgery was conducted on July 12, 2019.
Everything went fine and one month after the surgery, Greg was completely recovered and back to work. One day, when Greg was at the airport, he went through the security check and kept setting off the metal detector alarm. He was frisked and had nothing on him but he still kept setting it off. Upon entering the new high-tech “x-ray device” as instructed by the TSA employee at the airport, it was discovered, from the TSA employee, that Greg appeared to have some random metal object lodged underneath his right shoulder blade.
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After returning from his trip, Greg immediately went to the doctor and had another x-ray confirming that he had a metal screw lodged in his muscle behind his right shoulder blade and that he would have to undergo surgery to have it removed. The screw was removed and after 4 months of therapy, Greg is fully recovered. It was determined that the screw is a type used in medical instruments, including those that are used in
one’s rotator cuff. Greg decides to sue the doctor who performed his rotator cuff surgery for negligence under the theory of res ipsa loquitur.
**IRAC format addressing the issue, referring to research and case law