Q: I learned that the cochlear implant was placed in wrong position after surgery, the cochlear implant and surgeon knew.
After the emergency surgery, the surgeon found out that my implant was wrongly placed over 20+ years which has led to injury to my ear area - based on the MRI finding as well as Cat Scan. It is suspected that CI company and surgeon knew about it and falsely reported that it was in the place but after MRI scan and Cat Scan, it shows that it was out of the place which has caused the infection and injury to my ear / head area.
A: I'm sorry for your ordeal with the cochlear implant. To evaluate the legal merits of your position, you could reach out to med mal attorneys and try to arrange a free initial consult. If a law firm felt there was a viable basis for a case, they could retrieve your patient records and review with a medical professional. That would be the most definitive means of exploring the correlation between insertion of the implant in wrong position and ensuing infection - it calls for a medical opinion. Good luck
A: Sorry to hear what happened to you. Unfortunately, New York State does not have a date of discovery rule for medical malpractice cases such as yours. Which means the statute of limitations (your time in which to bring a malpractice lawsuit) expired a long, long time ago, i.e. 2.5 years from the date of surgery.
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