i recently had surgery after the initial surgery finished i had to be taken back to the operating room because a piece of surgical equipment had

The first question would be whether the breaking of the specific piece of equipment is a known, accepted risk of that type of surgical procedure.  You would also need to have a surgeon provide a written opinion at the outset of your case stating that the failure to recognize the broken instrument and failing to retrieve it constituted a breach of the standard of care.  The second question, and perhaps the most critical, is what are your damages?  If the extent of the consequences of the broken instrument was only an additional surgery, but you have no permanent or long-standing injury, difficulty or disability, then the value of your injuries may not be sufficient enough to warrant pursuit of a malpractice claim.  However, if you do have a permanent injury, pain or problem, or have permanent, disfiguring scarring as a result of the second surgical procedure that you otherwise shouldn't have had, then your case may be worth pursuing.  Also, the location of the hospital where the surgery took place has an impact on the value of your claim.  I would be happy to discuss this matter with you in more detail.  Please feel free to call or email me directly at your convenience.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com