Legal Question in Medical Malpractice in California

Dr. gave me wrong surgery and w/o anesthesia

I have had now 4 surgeries to install a nerve stimulator. The leads keep coming out of place. The last surgery was awful. First, against what we discussed, and I agreed to, the Dr. did not use the new lead with a paddle to keep it in place. Also, against standard practice he gave me a local at the incision site, but the lead goes up my scalp and down to the middle of my back. I was shaking and crying, talking and hearing everything. He didn't care. The anesthesiologist and the surgical assistant both asked him if they could give me something. He said no. I've had a total of 8 procedures with him and he has never done even the simplest sans anesthesia. I'll need another surgery to install the correct lead and to get it in the correct place. I won't go under with him again. I have to go get the stiches removed on Tuesday and am very nervous. I have had nightmares everytime I go to sleep and can hardly eat. 1-1/2 weeks later and I'm still tearful. Do I have a suit against him? What do I do?


Asked on 10/22/05, 5:14 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Dr. gave me wrong surgery and w/o anesthesia

It sounds like a case of poor medical practice that caused a great deal of unnecessary pain and suffering. In order to pursue a medical malpractice case, you MUST have another 'expert' doctor specializing in the same field who is willing to testify that the first doctor acted 'below the standard of care'. Contact me if interested in pursuing this, and for help in arranging the expert for you to consult.

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Answered on 10/24/05, 1:35 pm


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