Legal Question in Medical Malpractice in Pennsylvania
Open Heart Surgery - Death Occurring After Perioperative Procedure
Our 20 month old son who was very healthy other than a small-moderate VSD had surgery to correct it on 11/3/04. On 11/4/04, the pace maker leads were being removed (very routine with open heart surgery) when a tear was caused by the lead, causing internal bleeding. He was reopened, had cardiac arrest, the tear was repaired. He made a full heart/lung recovery but suffered permanent brain damage. Was on ECMO and removed on 11/9/04. He survived the surgery so well, was alert and recovering beautifully. We are devastated that something went to wrong with the pulling of the leads. Has anyone had experience with this type of case? We have consulted an attorney but have not signed a fee agreement until an investigation has been completed. I went to the hospital last week and obtained the medical records which are under review by someone the attorney has sent them to - we were told the investigation would take about three months. Since I found this as an outlet to ask a question, I have. Do these types of cases have ''provable'' liability or are they unclear and not possible to pursue? If someone has some insight that they could share in this area, it would be greatly appreciated. Thank you.
2 Answers from Attorneys
Re: Open Heart Surgery - Death Occurring After Perioperative Procedure
First, I'm very sorry to hear about this unspeakable tragedy.
Mr. Mullen, unfortunately, has chosen to respond with a stock advertisement instead of useful advice.
Generally, in medical negligence cases, there's no easy answer. It's not possible to say whether a particular type of case is "provable" until there's been a thorough review of the records and consultation with experts. (the exception is things like leaving a sponge in, operating on the wrong leg, that kind of "obvious" malpractice). That investigation is what your attorney is doing.
In a case where surgery goes terribly wrong, the question is usually framed as whether the problem was an inherent risk of the procedure which can occur without any negligence, or whether it's something that doesn't happen with proper technique.
The facts you describe seem a strong case. I'd encourage you to wait for the results of your attorney's investigation and review. They're likely making a substantial investment in having an expert review the case, and they wouldn't do that if it was impossible to pursue.
Re: Open Heart Surgery - Death Occurring After Perioperative Procedure
Please contact my office immediately to discuss this case. I can be reached by phone at 973-605-8995, or please e-mail me at [email protected]. I understand that you want "answers", but your case is too sensitive and too important to be discussed impersonally over the Internet. You definitely have a potentially significant legal case and you need to pursue it correctly, on behalf of your child.
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