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Medical malpractice suit claims careless pacemaker implantation

Medical devices that are implanted in a patient's body are sometimes the subject of serious complications, severe injuries and even death. Where negligence of one or more medical providers is involved in causing serious injuries or death, a claim for medical malpractice may be successful. The negligence principles that govern such cases are generally the same in California and in all other states.

In another state, a man has filed a lawsuit against his medical providers in which he alleges that they botched an effort to recharge his pacemaker and instead carelessly implanted it back into his body. Their negligence allegedly has caused him to undergo several more surgical and intrusive procedures to try and correct the problem. The plaintiff claims that he had to be admitted to several hospitals with pain and pacemaker problems over the two years following the initial negligence.

He alleges that, in Sept. 2013, defendant doctors at the defendant hospital admitted him for a generator change to his pacemaker. The complaint alleges that the procedure was performed negligently and caused the plaintiff pain and other injuries. When the plaintiff complained of the pain, it is alleged that the doctor ignored him. It is also claimed that the doctor failed to choose a proper spot for the pacemaker implantation and that the doctor failed to observe that the pacemaker was herniating out of the patient's chest.   

The suit alleges that the injuries included infections, fever, pain and pacemaker problems. The damages claimed are for pain and suffering, medical expenses and emotional anguish. Apparently, the plaintiff was unemployed or retired at the time of the initial surgery, which is indicated by the absence of claims for lost wages or earning capacity. Under the laws of medical malpractice, the plaintiff will have to prove by expert testimony that the defendants carelessly inserted the medical device and then did not follow up on minimizing the damages and correcting their mistakes. The same would be true of a similar claim litigated in California.

Source:, "Patient accuses health care providers of malpractice in pacemaker surgery", Molly English-Bowers, Dec. 4, 2015

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