Medical Negligence in Heart Surgery and Malpractice Suits

Heart surgery is an incredibly risky and complicated procedure, performed for a variety of reasons. Some purposes include valve replacement, device implantation, repair of blocked or narrowed arteries, bypass surgery and heart transplant. While heart surgery contains inherent risks as with all major surgeries, the failure of a physician to provide reasonable care during the surgery can lead to surgery malpractice. 

Risks Associated With Heart Surgery

When a patient undergoes heart surgery, there are various risks.  However, when medical malpractice occurs during heart surgery, the outcome can be devastating.  Risks and dangers can include:

• Heart Failure
• Stroke
• Kidney Failure
• Abnormal Heart Rhythm

A Doctors Liability For Negligent Treatment

Liability for medical malpractice committed during heart surgery may arise in a number of ways.  Initially, physician error may account for the malpractice. Moreover, equipment failure during the surgery could cause injuries giving rise to a malpractice case. For example, many times in heart surgery, a heart and lung bypass machine is utilized.  If this machine fails to work or is not utilized, the patient could suffer severe injury or death.  Additionally, the performance of medically unnecessary heart surgery could result in medical malpractice.  Finally, the malpractice may include a cause of action against not only the surgeon, but also the nursing staff, assistants, hospital and/or other health care facility.

When to Bring a Medical Lawsuit

In order to start a law suit based upon medical malpractice arising out of negligent heart surgery, one should retain the services of an experienced medical malpractice attorney. In addition, one should research the background of the attorney in order to obtain information indicating the attorney’s experience in handling medical malpractice cases involving heart surgery, or related types of medical malpractice cases.

Starting a Claim

The medical malpractice attorney will begin the process of the lawsuit on your behalf.  Moreover, the attorney can determine whether the filing of the suit is timely and comes within the statute of limitations.  While every jurisdiction’s requirements vary, most states require the filing of a summons and complaint against the physician, hospital and/or related health care professionals in order to commence the medical malpractice action.

An attorney who possesses experience in handling heart surgery malpractice suits will have a sophisticated medical and legal understanding of how cardiac surgery can result in injury and malpractice; this expertise can result in the recovery of substantial amounts for the patient.  Finally, a medical malpractice attorney can determine whether the filing of the case is premature; that is, if a patient has a result they are disappointed with, the patient may seek to immediately file a case.  However, in some instances, whether or not medical malpractice actually may exist depends upon a longer evaluation period.