I had a drug pain pump installed and now it needs to be removed.

Asked over 1 year ago - New Smyrna Beach, FL

A few months ago I underwent a trial for a drug pump . During the trial I had an adverse reaction to the drug . I had previously told my doctor I was allergic to a grocery list of muscle relaxers , pain relievers and narcotics . When I expressed concern about the negative reaction I had experienced , I was told it was from the anesthesia etc . I was told since the narcotic would be going directly into my spinal canal , I would be okay with a drug I knew I could not handle intravenously . I have never been able to tolerate the original drug , dilaudid . They switched me to another drug , fentanyl . I also could not tolerate this drug . Now I am looking at having to pay my portion of cost to remove this drug pump which comes to $ 1 , 500 . Is this some sort of medical negligence ?

Attorney answers (5)

  1. David B Pittman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . It does not appear that you have sufficient damages to pursue a medical malpractice claim from your question. However, you may be able to negotiate this bill down with the medical provider if you go and explain what happened and ask nicely. Try to get as much of a reduction as possible and put this behind you. Good luck!

  2. Cristine Wasserman Rathe

    Contributor Level 13

    6

    Lawyers agree

    Answered . The other attorneys are correct about the damages not being high enough for most attorneys to think its worth the cost of litigating unfortunately. You may want to contact the licensing board for the medical practitioner who did this to you though. At the very least it would go on record that the doctor made this type of mistake and there may be some way through that process to recoup the cost for getting the pump out.

    Each employment situation has unique facts and circumstances. This means that information and advice cannot be... more
  3. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . As others have stated, the damages will not merit a lawsuit; however, you can always write a letter to the doctor's office outlining your dissatisfaction with how the treated you, and you can demand payment for removal of the pump. Often, it is not worth their time (or risk of lawsuit), and they may pay a portion, or the entire amount for the removal without you needing to consult an attorney. Good luck and I wish you a speedy recovery

    * Please note that I am an Attorney practicing in Georgia, but I am not your attorney. This post is intended to... more
  4. Clifford M. Miller

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . In addition to your damages being inadequate to justify a suit, I do not see any negligence.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The costs of a lawsuit would likely far exceed the recovery, but call a local lawyer to discuss.

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