Legal Question in Medical Malpractice in Cyprus
Dear Sirs,
Hello I live in Cyprus. My father was suffering from several heart attacks and as a result (to fix the problem) he had a bypass surgery (open heart) back in 2009. After one year (in 2010) the heart attacks were still going. In a year (after the surgery) he had suffered 3 more heart attacks. After visiting some doctors in Israel, Austria etc we did discover that the first surgery was not a successful one (despite the fact that his doctor was still pretty sure that it was all going fine). We ask for a 2nd, 3rd and a 4th opinion all saying that the artery was misplaced at the wrong spot. The doctors told us that we basically did not had any option than to do another surgery (a redo operation) as his heart performance was decreasing time after time, due the multiple heart attacks he was suffering. The first operation was conducted in Cyprus (the faulty one) and the redo in Austria. Unfortunately my father never made it through the second operation and he was deceased.
We do have the following documents that proves the first surgery was not a successful one.
4 reports (from 4 different doctors � the 2 of them stated that the surgery did not succeed, and the other 2 ADD that a redo operation need to be done).
A catheterization DVD after the first operation, clearly showing that the artery was misplaced.
I would like to ask the following questions:
1) How easy it is to prove medical malpractice?
2) How easy it is to link the operations� first error with the result of the second? (death).
3) What compensation should you ask for? (As all the expenses were covered by our insurance company � except the airline tickets, hotels etc).
4) What shall I do next? I only have 6 months left to file a lawsuit.
Any other recommendations or suggestions are highly appreciated. The more details you can provide, the better.
2 Answers from Attorneys
Dear Sir,
Thank you for your message. Please accept my sincere condolences for your loss. As a regular legal advisor and litigator representing victims of medical malpractice and medical negligence I realize how frustrating this situation must have been and I wholeheartedly express my sympathies.
Turning to the legal aspects of this matter, I must first note that this sensitive case should only be addressed by lawyers having a relevant track record in pursuing medical negligence claims (our Firm being one of the leading Cyprus law firms as ranked by the Legal 500) and the relevant academic and professional experience in these types of cases.
From the facts presented in your brief message there certainly seems to be a case for pursuing a civil action for damages for wrongful death due to medical negligence. To answer your questions (in a brief manner as we are confined by space and medium) I would note the following:
1) Proving medical malpractice and/or negligence is not an easy task. The tests the Courts apply are a combination of subjective and objective elements and you should certainly keep in mind that we shall certainly require a medical professional of the same specialty as the operating surgeon to testify as an expert witness. Perhaps the doctors providing the reports concerned could be willing to testify towards substantiating their reports and allowing the Court to have such evidence before that can lead to judgment.
2) This depends on a careful review and study of the legal and medical aspects of the case. From what you describe as being the contents of the medical reports obtained we are confident there can be a necessary connection and causation may be able to be established under Cyprus law.
3) Punitive monetary damages would be in order, the height of which can be discussed on the basis of case law precedent.
4) I strongly suggest we hold a telephone call at first (or a meeting, if you are available in Cyprus) to discuss this matter thoroughly and receive our legal views on a non-obligations basis.
Let us please continue our discussion over email (you can contact us me directly at [email protected]) so that we can perhaps engage in an in-depth discussion of this matter.
Looking forward to your response,
Best Regards
Dr Anastasios A Antoniou
Dear Sir,
Are you in receipt of our above response? Please contact us for further discussion on a non-obligations basis.
Regards,
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