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If a perm implant spinal cord stimulator was placed higher than the temp do I have a potential case. I

Bellwood, IL |

After the perm implant of the spinal cord stimulator I went back several times for adjustments because it was not the same relief as the trial. I suffer from CPRS or RSD from a tumor re-section and I am in so much pain on a daily basis I have no life. I did the perm implant in May of 2011 and I now have additional pain in the back from the procedure. I just found out last week after going for yet another opinion that the perm implant was placed higher than the temp. With all the Doctors I saw they were comparing the x-rays from the date of the perm implant and stating that nothing moved they do not understand. I have since aquired the xrays from he temp implant and it is evident that the temp was lower than the perm. They are talking now of doing a corrective surgery. Desperate for answer

Attorney Answers 5


  1. Best answer

    I assume they did a test at a particular level toseehowyoud tolerate the device, then allegedly laced the permanent one at the "wrong" level.

    I suggest you do one of two thing soon. Either obtain all your medical records and the contact a lawyer or contact a lawyer before obtaining records, from your story, it seems as if it is more a question of whether the placement of the device was wrong and if this breached the standard of care Ghana malfunction of the device, although without medical records and a review byan expert in this area of medicine it is impossible to determine.

    I hope you're able to get some answers and some relief.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. Its not clear what you mean by "higher than the temp". If you mean that the leads were implanted at the wrong level of the spinal cord, that would certainly be cause for investigation by a qualified medical malpractice attorney. If you mean the stimulator device was placed in a different position, that may or may not be cause for further investigation. The location of the stimulator itself, as opposed to the leads, is not usually critical in the relief provided.

    This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. Mr. Hendrickson can be contacted via his website at www.hendricksonlaw.com.


  3. Since you are contemplating corrective surgery, you should obtain all your records to compare whether the surgical implant in May of 2011 was performed inadequately. A well qualified medical malpractice lawyer in Chicago will have your medical records reviewed to determine whether a meritorious cause exists, as opposed to an unfortunately bad result and post-operative changes.

    Jordan Margolis, Chicago

    Legal Disclaimer: If this information has been helpful, please indicate by clicking the thumbs-up icon below. Mr. Margolis is licensed to practice law in Illinois. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. You may contact the writer with these links: jmargolis@themargolisfirm.com http://www.themargolisfirm.com When an accident changes your life, we pursue justice for you.


  4. You are asking whether this misplacement was malpractice. You would want to order and pick up all your medical records and bills, and get a medical malpractice lawyer to have a physician expert review them to ascertain whether or not there was a breach of the standard of care.

    Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.InjuryLawyerPhiladelphia.com


  5. Find an experienced medical malpractice attorney and call for a free consultation. If you haven't done so already request all medical records.

    If this information has been helpful, please indicate below. Daniel Buttafuoco has been voted BEST LAWYER five years in a row and has represented clients all over the United States. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com

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