The two scenarios below are ACTUAL cases. I'd like to know whether or not, if you were in one of these situations, would you seek legal counsel? The 2 indiviuals involved have seemingly brushed it off, if you will(...publically, anyway.

) Being very THANKFUL that they are alive, etc.
NOTE: I will not be too surprised if I hear Josie and Jenny have received some $$$ for their ordeal.
Scenario 1:
"Josie" goes in for a "routine" procedure. During the procedure, ANOTHER organ is "nipped" if you will, unknowing to the patient or the surgical staff. During the recovery, Josie goes into a coma, regergitates bowel, almost dies. During the "investigation", it is learned that the other organ is nipped. Now, the person is doing well after ANOTHER surgery to correct what went on....should Josie sue?
Scenario 2:
Jenny has surgery on her shoulder/arm, a fairly normal procedure. After recovering successfully, Jenny begins having excruciating pain. The pain is so severe that she goes to the emergency room. An X-ray reveals that an instrument was left from the surgery. Should Jenny sue?