QUESTION

have a pacemaker implanted that i didnt need

Asked on Nov 28th, 2013 on Medical Malpractice - South Carolina
More details to this question:
i had a pacemaker implanted in my chest in south carolina about 4 yrs ago. i now live in ma. and my cardiologist got all my medical records from south carolina and had my pacer history researched or tested and he now says i did not need it to begin with and hes confused as to why it was even put in
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1 ANSWER

You may have a case for medical malpractice, but there are some factors to be aware of.  First, will your doctor sign an affidavit stating that in his opinion it was malpractice?  In order to file a medical malpractice lawsuit you must first file papers with the court stating your intention to file a lawsuit, and it must include this affidavit.  If he won't, you or your lawyer must find a doctor who will sign such an affidavit.  Second, have you had it removed?  If not, you must be able to show some damages to be recovered, such as other bills you incurred because of the unnecessary procedure.  If you have not had it removed, are you planning to have it removed?  That would be important to know.  Third, when did you discover it was unnecessary?  The statute of limitations is something to worry about if you found out a while ago that it wasn't necessary.  Fourth, did you suffer any complications because of the surgery?  That might help establish damages.  
Answered on Dec 02nd, 2013 at 3:56 PM

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