Medical Device Implanted Incorrectly

My question involves medical malpractice in the state of: Maine

I have uncontrolled epilepsy.
I had a Vagal Nerve Stimulator implanted in Oct 2007.
The VNS involves a generator in the chest and a wire lead in the neck connected to the vagus nerve.
1/3 of people get better with VNS, 1/3 have no change, and 1/3 get worse.
I did not have an improvement in my seizures.
I did end up in the ER twice due to crushing chest pressure and high blood pressure.
EKGs were fine and I was released.
After the 2nd visit a cardiac workup was done. The cardiologist could not find a reason for the intermittent crushing pain.
The VNS was turned off for awhile. No problems.
It was turned back on at a very low level. I developed a sore spot on my neck. I thought it was a lymph node but the doc didn't think so. She turned the VNS off again. The sore spot went away.

The VNS was removed by a different neurosurgeon in June 2008.
A different neurosurgeon was used because he was willing to attempt a complete removal. The original surgeon was only going to remove the generator and leave the wire lead in the neck.

The removal was successful and everything was completely removed.
The surgeon told me that the electrode was implanted in an upside down position on the nerve.

The company who makes the VNS has a manual that reads:
"Reversal of Lead polarity has been associated with an increased chance of bradycardia in animal studies. It is important that the electrodes are attached to the left vagus nerve in the correct orientation."

Bradycardia is a slow heartrate which is not something that happened to me.

Is this malpractice?

I don't think you would have a case because your problems don't sound like they were attributed to the VNS being put in upside down.