Legal Question in Medical Malpractice in Louisiana

pacemaker surgery

I had a pacemaker surgery 5 years ago. I was 37. I have since found out the surgery was not necessary. Just needed medication. One of the leads to the heart is in the wrong spot. Has been a source of trouble since. I have no choice but to be on medicade which means I will never be able to earn more then min. wage. I have a college degree in education. Have been told by my Dr. that the position of the lead could cause a stroke. Continues to make my heart condition worse, There is more, do I have a case?


Asked on 1/21/99, 11:07 am

2 Answers from Attorneys

David Austin Burke & Eisner, P.A.

Re: pacemaker surgery

I do not practice in LA and am not familiar with the laws of that state, but the first problem that you may have is the amount of time that has passed. There are laws that are called statutes of limitations. These set time limits on claims. You must file them with a certain period of knowing that you have a claim or from the date of the actual injury.

It is very difficult to determine if you have a claim that you should pursue based only on your post here. You should contact a malpractice attorney and talk about the facts and then possibly get your medical records reviewed.

If you would like to tlka with me, you can contact me at the information on my signature line.

David Austin

Burke & Eisner, P.A.

401 Gilford Ave, Suite 125


Read more
Answered on 4/28/99, 10:13 am
David Austin Burke & Eisner, P.A.

Re: pacemaker surgery

I do not practice in LA and am not familiar with the laws of that state, but the first problem that you may have is the amount of time that has passed. There are laws that are called statutes of limitations. These set time limits on claims. You must file them with a certain period of knowing that you have a claim or from the date of the actual injury.

It is very difficult to determine if you have a claim that you should pursue based only on your post here. You should contact a malpractice attorney and talk about the facts and then possibly get your medical records reviewed.

If you would like to talk with me, you can contact me at the information on my signature line.

David Austin

Burke & Eisner, P.A.

401 Gilford Ave, Suite 125


Read more
Answered on 4/28/99, 10:13 am


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