QUESTION

Is it malpractice if the doctor implanted generator on spinal stimulator in the wrong place and pinching sciatic nerve has to be redone?

Asked on Jan 27th, 2014 on Personal Injury - California
More details to this question:
The doctor implanted neuro-stimulator and placed generator in wrong place pinching the sciatic nerve against the bone causing severe pain in the hip buttock down right leg. He refused to fix it also. I have the doctor records from him stating he refused to remove and reposition the generator causing patient to seek help of new surgeon who deals with certain stimulator manufactures to fix the issue.
Report Abuse

4 ANSWERS

It sounds like malpractice; contact some medical malpractice attorneys but if the pain has disappeared then the case value is probably too low to justify a lawsuit [need an expert opinion that there was malpractice, will need expert testimony, filing fees, subpoena of medical records, etc.]
Answered on Feb 05th, 2014 at 5:46 AM

Report Abuse
James Eugene Hasser
It takes a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Feb 03rd, 2014 at 3:31 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
You would have to have expert witness testimony from another surgeon to prove that the procedure was done improperly. It could be done, but is never easy.
Answered on Jan 31st, 2014 at 11:02 AM

Report Abuse
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Jan 31st, 2014 at 10:13 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters