Open-Heart Surgery, Wrongful Death and Malpractice Suits

Surgical negligence is a common basis for medical malpractice suits in the United States today.  Although surgery always carries inherent risks, these risks are often compounded by the negligence of hospitals, doctors, nurses, and other medical professionals in caring for surgical patients.  As a result, surgical negligence can cause serious injury or even death in patients, which, in turn, leads to medical malpractice or wrongful death suits. 

Surgical Negligence and Wrongful Death

Surgical negligence can occur in various ways.  Some common scenarios resulting in surgical negligence, which can give rise to medical malpractice and wrongful death claims, include a congenital heart defect that leads to undiagnosed or untreated complications, stroke during surgery as a result of negligence, or malpractice during cardiac surgery that leads to injury or death.  Doctors who inadequately treat or manage underlying conditions such as a congenital heart defect during cardiac or any type of surgery may liable for medical malpractice and/or wrongful death of the affected patient.

Proving Wrongful Death or Surgical Malpractice

In order to present a successful malpractice claim, whether the damages have resulted in personal injuries or wrongful death, the plaintiff, or claimant, must show that he or she was injured as a result of a medical professional who owed a duty of care to the patient.  The medical professional must have breached the reasonable standard of care in acting negligently or recklessly when compared to a medical professional with similar education and training in a like situation.  The negligent behavior of the medical professional must be the proximate cause of the patient’s injuries and/or death. 

Retaining an Attorney for Your Wrongful Death or Medical Malpractice Claim

State laws often contain strict timelines and rules that govern wrongful death and medical malpractice suits.  Therefore, it is imperative that you consult an attorney experienced in wrongful death and/or medical malpractice law, depending on the nature of your claim, as soon as possible after the alleged malpractice occurs.