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.
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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