Medical malpractice is not novel today. All it takes is one wrong move or one wrong cut for malpractice to take place. Most of the time, medical malpractice takes place because of the doctor’s negligence. Maybe a doctor has consumed liquor or is under pressure.
During surgery, the potential for malpractice is much higher since precision is necessary and they are often lengthy procedures. In such situations, a doctor has to be extremely skilled and careful. Nonetheless, once malpractice takes place, the patient has the right to legally sue the doctor by hiring a medical malpractice lawyer.
This article, however, deals with the legal options that one has regarding a heart surgery malpractice.
Various Types of Heart Surgery Errors
There are various types of errors that can take place during heart surgery. Concerning heart surgeries, most errors take place in Balloon Angioplasties. A Balloon Angioplasty is a way to correct several heart problems such as heart attacks and artery diseases.
Next most erroneous, complications arise from Cardiac Ablations. Heart surgery errors can also arise from the incorrect diagnosis of a heart problem and during other surgeries, such as Coronary Artery Bypass Surgery.
Some medical problems that can happen as a result of heart surgery are as follows:
- Kidney problems
- Coronary artery damage
- Thick blood clots
- Burnt tissues
- Blood vessel damage
- Other complications like stroke and heart attacks
Pursuing Legal Action After Heart Surgery Malpractice
If you want to pursue legal action against the doctor or the surgeon who carried out the heart surgery, you have to have a medical malpractice lawyer. An experienced medical malpractice lawyer will be able to thoroughly examine your case, review it, and recommend the best legal option.
An experienced medical malpractice lawyer will also walk you through the people that you should contact, specific things you should take care of, and they will also address any problems and concerns you may have regarding the lawsuit.
Moreover, it is also essential to know that because the medical practitioner or the hospital staff made you sign the consent form, it does not mean you can’t sue them. The consent form has no such terms and conditions that do not allow one to file a claim against the medical practitioner.
Rules that Determine that a Malpractice Took Place
Medical malpractice laws are different from car accidents or slip-and-fall laws. For your medical malpractice lawyer to determine whether or not the medical practitioner or the doctor has committed malpractice or not, there are specific ground rules and ways.
Before you officially file a lawsuit, you have to be eligible to file it by submitting various documents such as personal statement, affidavit, merit certificates, etc.
There is a compensation capacity set by several states in the United States of America. This makes a case harder because one is not compensated based on how severe or grave malpractice is.
Witnesses are critical. Unlike other accidents, in medical malpractice, one needs expert witnesses. These witnesses can be other professionals in the field of medicine who are acquainted with heart problems and their surgeries.
In case the patient or the plaintiff has died, the closest relative of the patient can file the lawsuit. In this case, the compensation will also see the deceased’s family, their total lifespan, wealth, etc. After a person is appointed as the deceased’s representative, they will have to represent them in the court as well, and the compensation for the damage that the next of kin will receive ultimately depends on the state laws.