Legal Question in Medical Malpractice in Pennsylvania

I had open heart surgery in April of 2009. In May of 2009 one bypassed vessel blocked and I received a atent. In August of 2009, three bypassed vessels blocked and I required three stents.

Since the August surgery, I have had severe angina. I get short of breath with exertion and just with bending over from the waist. I went through cardiac rehab. I even did EECP treatment to try and get my normal life back as much as possible but all was ineffective.

I failed to mention that prior to the first stent, I had extreme dizziness and shortness of breath. I saw the surgeons physicians assistant at that time and she told me nothing was wrong and that I should continue to increase activity. My symptoms kept getting progressively worse and I went to the ER and was admitted.

I have been told the reason the vessels blocked was because they were small and also told that I have bad genes.

My life will never be the same. I recently had a cardiac catherization done in July, 2010 and it shows three blocked vessels. I continue to have symptoms of chest pain, shortness of breath and also dizziness due to the medication I need to be on.

Due to the fact that the cardiac surgeon should have known the vessels were to small or that my complaints of shortness of breath and dizziness were ignored by the physicians assistant, would I have a case?


Asked on 11/01/10, 11:31 am

1 Answer from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

Please accept my sympathies for everything you have been going through. From the facts you have given, it seems the physician�s assistant advised you improperly that �nothing was wrong�.

Anyone with active medical issues, like yourself, needs to speak to their physicians about their prognosis, and treatment options.

In order to have a legal case, you need to demonstrate that you are harmed by this inaccurate advice. Specifically, you would need to show that there was some useful treatment you were deprived of, or that you were harmed by the advice.

Activity beyond what your heart could tolerate could cause a heart attack or death by arrhythmia, but would not cause progression of coronary artery disease.

As I understand bypass surgery, it would not be indicated if the arteries were too narrow to accept a graft. This appears not to be your case as apparently the surgeon did find vessels that he could bypass to, although the grafts closed after the surgery.

This is my opinion only, and I urge you to obtain other opinions. Most medical malpractice attorneys will speak to you on the phone without charge, and would investigate case if they believe that you may have a viable case.

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Answered on 11/06/10, 7:47 pm


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