Legal Question in Medical Malpractice in Kentucky

Error of cardiac surgeon results in death.

My father went to the hospital with chest pain. He was found to be a good candidate for bypass surgery= 4 to 10+ years of life,described as routine surgery with 10% mortality rate due to age if any complication arose, and 90% favorable odds of better health and stamina.

After sudden reversal on what had been rapid recovery they did exploratory and found the cardiac surgeon had run a wire from the temporary pacemaker completely through the small intestines. Bacteria spillage had flooded the abdomen for 48 hours. This would have killed anyone. The surgeon who did the investigative surgery closed punctures and said the �guts were gone�, the body response to protect vital organs had drawn circulation away from the intestines.

The cardiac surgeon said he was responsible and it was his surgery that had caused this.

Dad stayed in a comma and died.

So, �Sorry. I killed him. Here�s the bill.�

Because a patient was older and retired means a doctor can kill him with immunity?


Asked on 5/08/01, 11:21 am

1 Answer from Attorneys

Brian Halloran Brooking and Halloran, PLLC

Re: Error of cardiac surgeon results in death.

My god. Get counsel immediately! With just these limited facts, it sounds as if your case is valid against the surgeon in this case. I'd have to have the records reviewed and interview witnesses before I could give you a legal conclusion as to liablity, but it appears you have a very good case. Do not hesitate. Get all of the medical records now before there is a chance they get altered by the doctor or staff. Get them to competent Med. Mal. counsel who can give you the representation you need. Feel free to call if you have any questions. Good luck, and my condolances on your loss.

Brian Halloran, Attorney (859)491-5800

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Answered on 6/28/01, 3:39 pm


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