Legal Question in Medical Malpractice in Wisconsin

Explanted implants stolen

The plastic surgeon who removed my implants, was asked by myself to send them to a special laboratory for analysis. He claimed he did. They supposedly were sent by his firm, by registered mail, & he supplied that receipt. The implants never got to the lab. Prior to my asking him to send them to the lab, he encouraged me to send them to the manufacturer, who was offering $5,000 for any removed implants. I firmly declined.

About a month after the implants were mailed, the hospital bill, long since paid, showed an odd deposit of monies, where the itemized hospital bill, was added again and then subtracted. I now need to sue the manufacturer of those implants, for lost health, pain & suffering, lost wages & home, etc. How can hold this plastic surgeon responsible ??? What evidence do I need to encourage him to pay for the implants and evidence that is now lost forever. All I have is my medical records and this dying body. Any advice or direction would be appreciated.


Asked on 3/22/01, 6:57 pm

1 Answer from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: Explanted implants stolen

I think that you will have a difficult time proving a case against the plastic surgeon, especially since he seems to have proof that he mailed the implants. You will have the burden of proof in a case against the doctor. How can you prove that the culprit was not the postal service?

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Answered on 5/28/01, 10:26 am


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