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Should I ask for compensation for the implantation of an incorrect medical device?

Business 9 views 3 answers
I have suffered from back pain and other treatment options failed to help. I explained to the doctor and device representative that one of the criteria was the device must be compatible with scuba diving. I was told the implant was tested and approved to a depth of 90 feet. The device that was implanted was, in fact, only tested and approved to a depth of 30 feet. Had I known that would be the limitation, I would not have agreed to the implant. Corporate legal is pressing me to agree to a replacement device, at their expense, but no other compensation. Is that a reasonable offer?

Attorney Answers

3
Eliot Wolf ·
Unfortunately to sue for more than this is likely more expensive than the compensation you could wish to recover. Confirm with local malpractice counsel.
0 upvotes
Jeffrey Adams ·
Best to speak directly with local/qualified counsel. However, this does seem to be a situation where a legal proceeding is best not pursued. Good luck.
0 upvotes
Daniel Chamberlain ·
Definitely seek local counsel. Depending on the hospital/institution, you may have a little bit more leverage. Plus, there potentially be a claim against the manufacturer's rep. So this may be more than simply a med mal case.
0 upvotes

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