Can a lawsuit be filed against a hospital for heart surgery that went wrong?

Answer:

Most people are aware that all surgical procedures carry some degree of risk. Both the surgeon and hospital are required to give the patient what is known as an “informed consent” which outlines the risks and complications that can occur during or after surgery. Before signing this form, the individual should be given the opportunity of discussing other alternatives to the procedure. Only certain circumstances may be an exception to the informed consent rule, such as administering emergency medical treatment to save the patient’s life.

Should You File a Malpractice Claim?

Heart surgery lawsuits can be filed against the surgeon and hospital for medical malpractice if the patient received substandard care. Examples of liability can include:

The surgeon failed to live up to the standard of care that an equally proficient heart surgeon would have done.
The surgeon was liable due to an error in the procedure and therefore caused injury or the death of a patient.
Equipment failure was to blame during the surgical procedure, thus making the hospital liable.
The anesthesiologist did not administer the proper does of medication and the patient was either under or over medicated.

For a claimant to have a valid medical malpractice case, they must be able to prove that a duty of care was owed to them, that the surgeon or hospital breached their duty and this breach was the proximate cause of the injuries.

Consulting a Medical Malpractice Lawyer

Medical malpractice attorneys are great sources of knowledge and they will be able to examine the facts of your case in order to determine if you have a valid claim. Most lawyers will take the case on a contingency basis and will only receive payment if they are able to reach a settlement with the insurance company. If you have been injured due to medical negligence, it is important that you act quickly because the law limits the amount of time you have to bring a lawsuit against the negligent parties.

References:

Heart Surgery Malpractice

Get Informed - Medical Malpractice Laws & Information

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Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

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State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.