What Are My Legal Options Regarding Heart Surgery Malpractice?
Posted in Medical Malpractice on March 9, 2021
While all surgical procedures carry some degree of complexity, heart surgeries are especially delicate. Any slight error could lead to serious complications and, in some cases, death. Surgeons must receive extensive training to ensure that they can perform these procedures safely and effectively.
Unfortunately, not all surgeons take the proper care and precaution while performing heart surgery, leading to dangerous complications and injury to patients. If you believe your surgeon committed an act of malpractice while performing this procedure, you may have grounds for a medical malpractice lawsuit.
Types of Heart Surgery Errors
Medical malpractice occurs when a medical professional causes injury to a patient through a negligent act or omission. While complications may occur during heart surgery, a poor outcome does not necessarily mean that the surgeon committed negligence. You will need to prove that the surgeon acted in a way that another reasonably prudent and similarly trained surgeon would not have done under the same circumstances.
Examples of medical malpractice that may occur during heart surgery include the following.
- Administering the incorrect dosage of anesthesia
- Failure to monitor the patient during or after surgery
- Leaving surgical instruments inside of the patient’s body
- Using defective or unsanitary surgical tools and equipment
- Failure to diagnose or misdiagnosing a heart condition
- Unnecessarily delaying a heart condition diagnosis
- Prescribing the wrong medication or the wrong dosage
- Failure to use the correct ablation technique during heart surgery
- Failure to provide proper follow-up care or aftercare instructions
- Prematurely discharging a patient from the hospital
What to Do If You Experienced Heart Surgery Malpractice
If your surgeon committed a negligent act during your heart surgery, you may have grounds for a medical malpractice lawsuit. You can collect compensation for additional medical expenses, lost wages, and many other types of damages related to the malpractice. However, you will need to provide clear evidence of the surgeon’s negligence, or the court will likely dismiss your case. You can take the following steps to preserve evidence and seek help.
- First, seek medical attention from another doctor and save all records related to your condition and treatment. These records will detail the complications you suffered due to the surgeon’s negligence and form the foundation for your malpractice claim.
- After seeking immediate treatment, collect all records related to your heart surgery. These documents will prove that the surgeon who committed the malpractice owed you a duty of care. These records will also provide insight into your physical condition before the surgery occurred.
- While you are recovering from the malpractice, keep a journal. Each day, record the treatments you are receiving, any physical symptoms you experience, and how the malpractice is affecting your life. It may also help to write a detailed account of the malpractice so you can remember all of the facts. These journal entries can serve as evidence in your lawsuit.
Once you receive medical attention for your surgery-related injuries, speak to a medical malpractice lawyer as soon as possible. Your lawyer can provide several benefits for your case, including access to investigatory resources, the ability to calculate your estimated damages, and knowledge of medical malpractice law. Your attorney can also connect you to expert medical witnesses who can validate your claims, provide insight on the surgeon’s actions, and submit the required Affidavit of Qualified Health Care Provider to Missouri civil court.
If you believe that your surgeon committed an act of malpractice, contact a Kansas City medical malpractice attorney. Your lawyer can help you navigate the complex litigation process and understand whether or not you have grounds for a lawsuit.