Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Heart conditions often cause critical health issues that require surgery. It is not uncommon for patients to develop complications following such procedures, and therefore, it is crucial that they are thoroughly and regularly assessed during their recovery period. If they are not and subsequently encounter significant difficulties, their provider may be deemed negligent. In a recent case, a New York court discussed liability for post-surgical complications and the evidence needed to demonstrate a triable issue of fact. If you were hurt by negligent medical care, it is smart to meet with a Syracuse medical malpractice lawyer as soon as possible.
Facts and Procedure of the Case
It is reported that the decedent, a 50-year-old woman, was diagnosed with hypertrophic cardiomyopathy and underwent a septal myectomy, an elective open-heart surgery, in June 2014. Following the surgery, she was placed in the Cardiac Care Unit and was treated with Heparin and a pneumatic sequential compression device to prevent deep vein thrombosis (DVT). Over the next few days, the decedent exhibited symptoms of DVT, but her vital signs remained within normal limits.
It is alleged that five days after her surgery, the decedent’s condition suddenly deteriorated, and she went into cardiac arrest twice. Despite resuscitation efforts, she was pronounced dead. An autopsy later revealed that the cause of death was an acute pulmonary embolism. The plaintiff filed a lawsuit alleging that the defendants committed medical malpractice. The defendants moved for summary judgment, asserting that they had met the standard of care and that any deviation from the standard was not the proximate cause of death. The plaintiff opposed the motion.
Liability for Post-Surgical Complications
The court reviewed the case by examining the evidence presented by both parties. The court found that the defendants supported their motion for summary judgment with expert affirmations that claimed they met the standard of care and that any deviation did not cause the decedent’s death. Specifically, the experts argued that the treatment provided was appropriate and that the sudden pulmonary embolism occurred so rapidly that there was no time for further imaging or intervention.
However, the court noted that the plaintiff countered with an expert opinion that raised a triable issue of fact. Specifically, it asserted that the defendants should have performed a Doppler ultrasound when the decedent exhibited symptoms of leg swelling and pain, which could have detected the DVT earlier and possibly prevented the pulmonary embolism.
The court found that the plaintiff had indeed raised a triable issue of fact regarding whether the defendants departed from accepted medical practices by not ordering the ultrasound. As a result, the court denied summary judgment for the defendant.
Speak to a Skilled Syracuse Medical Malpractice Attorney
Physicians are expected to provide their patients with competent care, and if they don’t, they can be held accountable. If you sustained losses due to the incompetence of a doctor, it would benefit you to speak to an attorney about whether you may be able to recover damages in a medical malpractice lawsuit. The skilled Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and offer you advice regarding what steps you can take to protect your interests. You can reach us at 833-200-2000 or through the online form to set up a meeting.
