QUESTION

Do I have a case if after a robotic heart bypass surgery expierence a paralysis of left diaphram and what is the statue of limitations

Asked on Dec 03rd, 2012 on Medical Malpractice - New Jersey
More details to this question:
as per heart doctor they damaged my left lung diaphram due to this new surgery that was done on Nov. 30,2011 and found out of the left paralysis of the left diaphram when fluid kept building up and went and got a sniff test that proofed soo on January 2012. It not known to be a one of the risk of the surgery even thou it happen. I suffer from cronic broncittis as well as issue in activity and short of breath and arithmia due to lack of oxc.This robotic procedure was fairly new, Please need advise on and if there is a malpractice issue in this matter
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Diaphragmatic dysfunction can result from nerve damage, primary muscle problems, or problems with the muscle’s interaction with the chest wall. Sometimes diaphragmatic dysfunction can be caused by damage to the phrenic nerve during cardiac surgery. Phrenic nerve paralysis is a recognized complication and known risk of coronary artery bypass grafting. The question is whether it is also a risk in the new robotic surgery that was performed on you. Generally speaking, one of the benefits of robotic surgery is that it minimizes the chance of some kinds of complications.  I do not know the answer to the second question. To know the answer, I suspect an attorney will have to consult an expert who does robotic bypass surgeries.  Even if you can prove the case, another issue will be whether the case is financially viable. Literature suggests that unilateral diaphragmatic paralysis or weakness rarely causes symptomatic dyspnea at rest, but may result in dyspnea on exertion or the patient’s voluntary restriction of activity. It can sometimes cause dyspnea when lying on one’s back (supine). The question will be how much the damage contributed to altering your lifestyle, as opposed to your underlying heart issues.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Dec 04th, 2012 at 4:47 PM

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