Can I file a medical malpractice suit for heart surgery?

Medical malpractice lawsuits are complex and those dealing with heart surgery can be even more difficult.  Heart surgery in and of itself is dangerous and risky; and thus you must be able to separate those things which can go wrong even when everything is done with a reasonable standard of care; and those things that have gone wrong because the health care professional did not adhere to an acceptable standard of care.   

Liability for medical malpractice may become clear because of a physician error; an equipment failure; utilizing a malfunctioning heart and lung bypass machine; or performing an unnecessary heart surgery procedure.  Additionally, keep in mind that the list of those responsible may include not only the surgeon, but nurses, assistants, and the health care facility itself.

In order to file a successful claim you must be able to show that the physician owed you a duty of care, he/she breached the care negligently or recklessly by not adhering to a reasonable standard of care utilized by similar physicians in a similar situation, and the negligence was the proximate or legal cause of the injuries.  In general, when comparing physicians for malpractice, remember that a doctor in a country hospital with limited equipment and resources cannot be compared with physicians in a large well-equipped hospital with endless resources – the standard of care would have to be determined by comparing 2 country doctors or 2 physicians from that well equipped metropolitan hospital. 

If you were injured during heart surgery, please contact an experienced medical malpractice attorney for assistance. He/she will know, after reviewing all medical records with an expert, whether you have enough to file a successfully claim.