Legal Question in Medical Malpractice in New York
My mother had a heart valve replacement surgery (Mitral valve) almost a year and 4 months ago at the time we were told it was a success but she was continually plagued with edemas (arms and legs) in addition of feeling shortness of breath, fatigue and content swelling of the surgery site - We have now learned through an ER physician that during the surgery the heart wall (left chamber was damaged) According the the Physician the replacement valve work fine but my mother quality of life has since diminished as she can no longer go about her normal daily routines due to the fore mentioned edema in her lower and upper extremities and shortness of breath. The hospital keeps giving us the run around and to date have not clarify the extent of the injuries. I requested my mother records be turned over to our personal physician however after reviewing the files he said that he does not wish to get involve nor did he attempt to help us understand the reports. I have a report that indicates that an injuries might have been caused due to the surgery as it clearly states so.
I would also like to state that my mother was suppose to have a TEE procedure at another affiliated hospital today and just as they were about to begin (mins before the procedure was to begin) a physician came in and cancelled everything - his reason being after again reviewing her file he felt that it was too much of a risk for the physician and the hospital to under go. (We also got a statement from him)
At this point the hospital staff are totally uncooperative and even the hospital's cardiologists I spoke to just doesn't have any answers. Every dept of the hospital we went to always refers to another dept that we've already been to- I feel lost and very frustrated at this point I just want to know about her injuries and why it happened - Please can someone tell me how to proceed? and also does this sound like a potential case?
2 Answers from Attorneys
It appears as though there may be a medical malpractice case. In these types of malpractice claims you have to prove that the doctor deviated from the standard of care and that deviation was the proximate cause of your mom's current condition.
Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com. We have convenient locations all over New York. There is no fee to us unless we win your case.
I look forward to fighting hard for you and your family.
Your mother's health picture is complex. If you have lost confidence in her doctors/hospitals, consider changing both. In terms of any possible medical malpractice claim, all pages in her hospital and medical charts would be gathered and presented to a cardiologist, or other similar specialist, for review and analysis. It may be there was some departure from the standard of care, or a bad outcome from treatment properly rendered. One provides a theory for a case, the other does not. Best, M. E. Zuller
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