A woman in North Carolina has recently filed a lawsuit against various medical device companies and a sales representative who helped a surgeon develop a device. A federal judge has not yet determined if the surgeon will also be named as a defendant in the suit. According to the woman, the spine surgeon implanted a medical device in her neck and upper back that he had allegedly altered in his garage.
Prior to the surgery, the woman was involved in a car accident in 2011. Back problems that the woman had dealt with for many years became worse after the wreck, and she visited a scoliosis and spine surgery clinic to seek treatment. After an initial surgery left her with health problems, including an infection, constant pain and paralysis of her left hand, the woman decided to undergo a second surgery at the same clinic.
Although the woman later found out that she had allegedly consented to have the experimental device implanted in her body, she claims that she was not fit to provide consent. Due to the effects of pain medication and antibiotics, the woman says that she does not remember very much about what happened before the second surgery. The woman eventually had the device removed by a different physician because it was causing her problems.
A doctor who deviates from the accepted standard of care might be held accountable for his or her actions if a patient is injured as a result. In some cases, a victim might suffer adverse health issues due to a worsened condition. Since there is a statute of limitations for medical malpractice claims, a person may want to consult an attorney about their case as soon as they begin to suspect that medical malpractice has occurred.
Source: WRAL, “Raleigh woman suing surgeon who implanted homemade device“, October 31, 2014