Is there any recourse besides scc for the value of the lost hardware? And repercussions on loss of malpractice evidence?
March 16, 2018
Cooperstown Bassett Hospital failed to save hardware removed from a 6 cervical vertebrae fusion with a written request from the surgeon on behalf of myself. They admitted the loss and supposedly changed protocols to ensure it won't happen again. I needed the hardware to prove malpractice on the surgeon who originally used the hardware, the original surgeon failed to torque the set screws on the t1 vertebrae...both set screws were floating in my neck just months after surgery.
What is "scc"? Who cares about the value of the hardware? If they disposed of the hardware after surgery, which may be their policy for hygienic reasons, and no 'preservation notice' or "litigation hold" had already been served on them, you will have to prove your case through other means. I'm assuming you have a lawyer - no med mal case should ever be done pro se.
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