What legal options exist for defective medical implants, hospital billing disputes, and product liability claims?

Personal Injury

Liz

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If they are inferior and caused issues that other implants would not have caused, that can also fall under product liability. Especially with medical devices, when a company sells them, they are warrantying that it is fit for its particular use. That can open a claim against the manufacturer for the harm.

The hospital also doesn't necessarily have to charge cost. They can add markups, so that is allowed. However, if you're now billed for 3 implants, because the other 2 failed due to being inferior, that can also potentially become an issue of malpractice if they are knowingly using inferior quality product.

With the manufacturer, before filing suit, normally a demand is done. It's just a letter, sent via certified mail, letting them know you will file suit.

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The hospital paid $22,500. The hospital charged me $35,500.

Lexi, Chatbot

I understand how concerning it can be to deal with unexpected medical charges. Can you tell me if you have already contacted the hospital regarding the discrepancy in charges?

Yes, many times personally, telephonically, and in writing.

Lexi, Chatbot

Have you received any explanation or itemized bill from the hospital detailing the charges?

I have all documentation.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your hospital billing dispute.

No.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, to be clear, did you have insurance make payment for anything?

Yes, but they have communicated to me that my disputes with the hospital and the manufacturer are between me and them alone. They are not interested in getting involved.

Liz

Thanks for letting me know about the insurance situation. Could you tell me which state you're in? This will help me understand the legal context better. Also, was the price disclosed at all before your procedure?

Also, I have gone through three surgeries to achieve one outcome because the implants were inferior.

I do not wish to go with the route of malpractice.

Liz

I am so sorry.

Liz

With the manufacturer, before filing suit, normally a demand is done. It's just a letter, sent via certified mail, letting them know you will file suit.

I have suffered serious infection from this implant. Quality of life has been affected for a year. I just had revision surgery from a different surgeon three and one half weeks ago. The Boston Scientific AMS700 implant, as they claim, is pretreated with antibiotics to prevent infection.

I insisted on getting another manufacturer’s implant by Coloplast, with a different surgeon at a different hospital.

Liz

And have you had infections multiple times?

Seriously infected 1 time as discovered during my January 14, 2025 revision surgery. My surgeon showed me the photo taken during this surgery—my scrotum had a puddle of pus. The revision could not proceed for 10 months due to infection. This revision surgery was to replace my last replacement/revision surgery that failed in 7 months. The warranty is seven years.

I would like a transcript of this chat please.

Liz

I'm really sorry to hear about the complications you've faced. It sounds incredibly challenging, and it's important to address these issues with the manufacturer. I believe our chat is also saved to your account.

Thank you kindly Liz. I appreciate your questions, and I assure you I have contemporaneous notes of every telephone call, every email, and every letter, very detailed with timelines.

Liz

That's great. those notes will serve you well if it comes to a lawsuit.

Liz

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