Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! That being said...
You may have a case for malpractice. Medical Malpractice claims require three things.
1. You need to show that there existed a duty between the doctor and the patient. This is typically established though expert testimony from people who are familiar with the practice (a doctor in the same specialty).
2. You will need to show that the duty was breached...that the doctor took some action or failed to take some action that caused his care to fall below the standard.
3. You need to demonstrate damages...that the patient was harmed in some way.
To determine how strong a case, you really need to talk with a medical malpractice attorney. Such cases are complicated and depend on a variety of factors, including age, procedures used and expectations from different techniques. To determine this you need to work with medical experts who know about stent removal and attorneys who have had similar cases. Again this is why you need to sit down with a med mal attorney who can tell you if you have a case.
It seems to me that you have at least a circumstantial case.
You may want to start with an attorney that can write a demand or "pre-suit" letter. This letter will put the hospital on notice that you believe the services are not proper and you expect compensation for his malpractice. On the letterhead from an attorney they may give the letter a bit more respect.
If you can not get the provider to agree to the demand, you will need to sue. It may be you can sue in small claims court, but you will need to be able to present evidence that the practice was below standard, and this will require testimony from other doctors. For this your would be best served to retain the services of an attorney.
In finding the right lawyer...Talk to several...find out there experience with such cases and their record. Talk to former clients to verify they were happy. Its a buyers market, pick a lawyer who can fight for you. If you talk to several lawyers and cannot find one, then this is a sign that there is some fact missing that makes your case difficult or impossible.
Good luck.
Legal Disclaimer. By requesting this information, you expressly agree to the following: The information given is not legal advice. You should not and may not rely on anything on this website as legal advice. I am neither establishing nor accepting an attorney-client relationship. The only method of gaining an attorney/client relationship with me is via a retainer and signed fee agreement, which is not offered via this site. I am providing only resources, opinion and information for you to be informed and educated about your particular rights and needs. My answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up with an attorney licensed in your state. I also am licensed to practice only in California, which may not be the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites.
