I had a spinal cord stimulator placed at least 6 inches from the target area..Also, I was implanted with NON-FDA approved leads that need to be removed and replaced.(This, I was advised by a product manufacturer rep. Both the surgeon and manufacturer have verbally admitted wrongdoing and have offered a revisional surgery. Am I entitled to compensatory damages? If so, how do I recover such if attorneys only are interested in multi-million $ suits? Thanks for considering....Malpractice, Negligence,Right to know,etc.??????????
Car / Auto Accident Lawyer
The answer is simple. In malpractice cases, our opinion does not matter. These are expert cases. Experts say whether you have a case and what damages you would or would not have had anyway. The attorney decides then based upon the strength and weaknesses of his experts opinion of the malpractice, causation and damages whether he believes it is economically feasible to take the case. If a case does not have the damages to justify covering the fees, costs, injury, medical expenses, pain and suffering, and etc..., then most attorneys will deny the case. These cases tend to be so expensive that attorneys cannot afford to take questionable cases. Call a local lawyer and get case reviewed.
6 lawyers agree
Car / Auto Accident Lawyer
You are certainly entitled to a revision surgery and if you sustained permanent injuries as a result of the surgeries than you're entitled to compensation for that also.
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Criminal Defense Attorney
I would alsmost bet that the advising attorneys who referred you to an attorney , suggested you contact one who reguarly handles medical malpractice cases. Mr. Hoffman is absolutely correct about the nature of these types of cases. As to the idea that a case has to be multi million, I suggest that you are incorrect.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Car / Auto Accident Lawyer
Based on my more than 30 years of experience a patient's belief that the doctor has "verbally " admitted wrongdoing, has never supported a medical negligence case. When a claim is made it seems the doctor never recalls making the claimed verbal admission. Often clients think that if the surgery or treatment caused an unexpected result/injury that they are automatically entitled to recover damages. Unfortunately, that is not how the law work. Before you are entitled to recover any damages, the Plaintiff is required to prove that the care provided was below the minimum standard allowed and that the negligent care actually caused the damage. The law only a doctor that is qualified to offer testimony by way of an expert opinion that treatment was below the standard of care and caused the injury. These very specific legal requirements and the cost of obtaining the required expert opinion(s) coupled with other factors make these cases very expensive to pursue. Over the past 20 years the insurance companies that insure the defendant doctors have intentionally refused to settle cases until very close to the trial date after forcing the Plaintiff to incur all of the necessary expenses needed to prepare for a trial. These expense are often $25,000 to $30,000. Also remember that the it may require hundreds of hours to do all the legal work to get the case ready for trial. All of these things make if very difficult if not impossible for an attorney to accept a case where the expected recovery for the damages suffered may be less than the amount of the litigation expenses that will be required preparing the case for trial. If you are convinced that you have a valid case offer to pay the attorney an hourly rate and advance the litigation expenses as they are incurred. However if you want the attorney to accept your case on a contingent fee basis where the attorney will only get paid if you win and the amount of the fee will be a percentage of what you recover and you are asking the attorney to advance the litigation expenses on your behalf, the you need to consult an experience medical negligence attorney and listen to what the attorney is telling you. Finally, the reason that attorneys on this type of advice site tell you consult an attorney is because it is absolutely impossible to evaluate a case based on a few lines of information such as you have provided. There are many many variables and questions that need to be asked and answered before a case can be evaluated. If you think an attorney can read your question and then tell you how much your case may be worth, it will never happen because it is impossible. If you want to obtain any advice that is worth anything you must retain an attorney and commit the time and effort to obtain useful advice. You can always find an attorney wiling to do an initial evaluation of you case without charging you.
The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.