Skip to main content

Do we have a good medical malpractice claim?

Humble, TX |

My wife had a spinal stimulator put in about 10 days ago but they put in the wrong device.

The trial involved a two lead device, however all of her physicians agreed that she needed the five lead "penta" device because it would better address her multiple areas of back, neck and arm pain. I attended all of her appointments and clearly recall the surgeon drawing the five lead device on a sheet of paper.

After my wife recovered from the anesthetic she realized that the wrong device had been put in. She is still in severe pain and will now need a second operation to take the current device out and put the penta device in.

We have a meeting this Monday with all the parties and need quick advice.

I am an attorney (former federal prosecutor) and my wife is an RN.

Attorney Answers 3

  1. I'm sorry to hear abou this. You would want to bring two things Monday. #1. A local med mal lawyer to negotiate a possible settlement. #2. An expert, if you can find one by Monday, who can attest to the fact that putting in the wrong device was a breach of the standard of care.

    Only 29% Contingency Fee! Phone: 215-510-6755

  2. What kind of meeting? Who are "all the parties?" And what advice are you looking for? At this point it seems to me your priority has to be to get your wife the proper treatment. You certainly don't want to talk about a potential claim at such a meeting while your wife is still under treatment. There is time enough for you to consult with a medical malpractice lawyer after your wife is treated.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

  3. From your description it sounds as if a clear error was made. Whether there is enough harm to justify a lawsuit remains to be seen. Under Texas law, non-economic damages are so limited that it makes it difficult to fund a lawsuit - leaving many deserving people without a remedy. If a corrective surgery solves the problem then you may very well fall into that category. Once the corrective surgery has taken place, then the situation can be assessed more accurately. In Texas, the deadline for filing suit is 2 years from the date of the negligent act. If it is a government facility then there may be very short notice deadlines - 6 months for some facilities. For this reason, consultation with a medical malpractice lawyer is a good idea sooner rather than later.

Medical malpractice topics

Top tips from attorneys

What others are asking

An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics