Ask Me Help Desk - Should I file a lawsuit?

Should I file a lawsuit?

I'm new to this forum & need some advice. I had a Spinal Cord Stimulator implanted a couple of years ago and had problems with it from the beginning. At one point the battery which was implanted in my hip had migrated. After a failed surgery to replace it, the Dr. said he was going to move it to the other side. I underwent that surgery but still had pain in the original site along with it looking very disfigured. I then went to an aesthetic surgeon for reconstructive surgery. While he was doing the reconstructive surgery he found that the device had never been taken out of the right side. So in essence, the Dr. had just put another battery in the left side and I guess had disabled the original battery and left it intact in the right side. I have obtained the medical records from the hospital where all of the surgeries were performed, and the Dr. describes specifically how he took the device out of the right side and placed it on a table etc... There is a lot more unpertinent information about this case that I haven't mentioned, but my question is should I file a lawsuit? Is my case a very strong one and if so, will the medical records alone be enough to prove my case? I have never sued anyone before so I appreciate any advice and comments.

What is the standard practice in this situation in your area? If the standard practice is to simply leave the original unit and implant a new unit, then you have no case.

If the standard practice is to operate (again) on the first side and remove the unit and then implant a new unit on the other side, you have a case.

You never realized until now that there wasn't surgery to remove the unit?

"the Dr. said he was going to move it to the other the side. Dr. describes specifically how he took the device out of the right side and placed it on a table etc " You should contact a medical lawsuit attorney. It seems like you have not only what he said but the medical records to back you up. Hope you are feeling better.

JudyKay

Sorry-- It told me I needed to log in again and it posted what I had written so far.
What I was told is that the battery would be moved from the right side to the left side. I'm not sure what the medical standard is, but the battery was not defective in any way. It was the fact that it would not adhere to the inside of my flesh that caused it to keep migrating downward and causing intense pain. What the Dr. told me he was doing was moving it to the left side since the right was infected and it wasn't staying in place and that he also was going to place it into a teflon pouch and suture the pouch into my flesh. There was never any mention of a new battery implanted, nor was I ever given any documentation on what additional hardware was implanted in me. As for me not realizing there was surgery to remove the unit. I did not know that the unit had not been removed until the reconstructive dr. opened up the incision to operate. He was baffled and said he "scrubbed out" to read the previous Dr.'s Post Op report and he said that it stated that he had taken it out of the right side and placed it in the left side. I was still experiencing so much pain in that area that my instincts told me that it wasn't just scar tissue that I was feeling & that was causing that much pain.
Ced-Thanks, I am feeling better. I think it is pretty much laid out there. I needed someone else's opinion. Being so close to the situation, I wanted an impartial opinion. My other prob is the records I received from the original Dr. are not all there (nor was his final post op report on the last surgery where I had him take the whole system out), so I'm not sure how that will be perceived. However, the aesthetic surgeon was in the OR when he performed that surgery, I just don't want to get the Aesth. Surgeon invovled anymore than I have to. Thanks again to both of you.

Quote:

Originally Posted by Cedarln2265

"the Dr. said he was going to move it to the other the side. Dr. describes specifically how he took the device out of the right side and placed it on a table etc " You should contact a medical lawsuit attorney. It seems like you have not only what he said but the medical records to back you up. Hope you are feeling better.

I know, I can actually read. The question is what is standard in the area. What/when the Doctor "said" this will become crucial.

Of course, it never hurts to consult with an Attorney. I was just pointing out the pitfalls and what is looked at in a medical malpractice lawsuit. Medical malpractice litigation, by the way, is EXTREMELY expensive due to the high cost of obtaining records and getting witnesses to testify.

To OP - how were you harmed by this error, whatever we want to call it? That will also factor in.

I'm not in any way discouraging OP; I am simply pointing out what a Judge/jury looks at.

Judy, that is exactly what I wanted to hear, the downfalls of it all to determine if it is worth it for me to go forward. I don't think pain and suffering is important anymore in cases like these. I am disfigured though, it would have been worse I had not had the aesthetic dr. to make it look as good as it does. If the original Dr. had done as he said, I wouldn't have had to endure the physical pain and the financial cost of the next 2 surgeries.

How long ago did you find out that the original battery was not removed? There is a statute of limitations for filing med/mal lawsuits. In most areas the statute of limitations begins when you find out about the "mistake."

Example...

If you had the surgery in 2004 but did not find out until 2006 that this happened, the statute of limitations begins in 2006. It's called Date of Discovery. The statute is different in many areas. Where I live, for instance, the statute is one year from the Date of Discovery.

I would consult a med/mal attorney if I were you.

I found out for sure on August 27th (this yr). The Aesthetic Dr. told me that there was still a device in there which was still hooked up to leads on May 28, 2009. The original system was implanted on November 14, 2007. Our statue is two years, so I don't think that will be a problem. Thanks for asking.

So, you have until August 27, 2011 to file a lawsuit. You need to start looking for a med/mal attorney now as it may take a while for the research to be concluded before filing suit.

My other prob is the records I received from the original Dr. are not all there (nor was his final post op report on the last surgery where I had him take the whole system out), so I'm not sure how that will be perceived.
The medical facility where you had the surgery done should have the medical records. They usually charge for the copies of same. Or barring that he "scrubbed out" to read the previous Dr.'s Post Op report so a copy of that report should include the copy of the previous doctor's Post op report. Getting your medical reports is just a first step. Good luck :)

Thanks J9, would you mind answering another ? For me? The physician is now deceased. How does that affect my case?