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Facing second surgery to reimplant neurostimulator battery due to incorrect procedure by doctor-- is this cause for malpractice?

Madison, WI |

I have a neurostimulator implanted in '08. June '11 battery pack broke through skin and had to have entire system removed. My dr was on vacation and his collegue did revision. Collegue said battery wasn't implanted deep enough to begin with. Dec '11 had surgery to put system back in. My doctor never spoke to me between Jun and Dec. Day of surgery didn't even have facts straight. After surgery felt things were wrong and leads don't work correctly. Sunday battery flipped and is migrating from new pocket to old pocket. In pain as tissue tears as it moves. Went to dr on Tue where I found out everything he said he was going to do in Dec to prevent battery from rupturing again he never did. x-ray shows leads not placed as instructed. Now I'm facing a repeat surgery to repair.

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Attorney answers 3


You would have to order all your medical records and a medical malpractice lawyer can send them to an expert to review to ascertain whether there was a breach of the standard of care. Thus, search Avvo's "find a lawyer" for a medical malpractice lawyer in your city or state, and call to get a med mal lawyer working on this.

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Under Florida law, medical records involved in the claim must be reviewed by a doctor of the same specialty as the one who you think was negligent. Assuming the expert says it is malpractice then the guilty doctor must be put on notice of a claim in what is called the Pre-suit Period which lasts 90 days. Then if the claim is not resolved a lawsuit can be filed. In Florida no claim can be made without going through pre-suit. Also, remeber malpractice cases are expensive so unless there are longterm complication it often doesn't payto bring the action. Each case is different and needs to be evaluated individually.


I am not licensed in WI and can offer you only general advice. You have not indicated whether the surgeons were partners. This may be important in terms of proving your case. I agree that an attorney will need to obtain the surgical records and treatment records following your revision surgery, but in addition - you need to obtain treatment for relief of your pain. That is the priority first. Do not seek treatment from anyone affiliated with your prior surgeons. It may be that the migration of the battery was caused by the initial error when the battery was not placed deep enough, but you may be dealing with two errors. Make sure that you get appropriate follow up treatment from a surgeon or pain management physician who is not related to the two prior treaters. Your attorney will not rely on your new surgeon to establish the standard of care, but you need someone who is independent to give you an opinion as to your future treatment. Your lawyer will hire an independent expert to evaluate your case.

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