You would have to establish that the reason the clamp came loose during your surgery was the result of: (1) some negligence or carelessness on behalf of the cardiothoracic surgeon or other medical professional or attached the clamp; or (2) some defect in the clamp itself as it was made by the manufacturer. With respect to the first theory, you would have to prove that the doctor or other medical professional deviated from the applicable standard of medical care in the placement or attachment of the clamp. However, just because something bad happened during a surgery does not mean that there was negligence or carelessness. Sometimes, bad results occur in a surgical procedure even if everything is done correctly.
These types of cases are very difficult to prove. Another question is value and damages... if the consequences of this is only a second surgery, with no permanent or long-standing medical treatment or complications as a result, then the value of your claim may not be worth the expense and risk of litigation.
However, since you seem to be on notice that something happened with the clamp during your surgery, you should consult with an experienced medical malpractice attorney as quickly as possible to review your case, as you only have 2 years from the date that you knew or reasonably should have known of the cause of your injury in which to file a medical malpractice suit in Pennsylvania.
Michael J. Davey, Esquire
Eckell, Sparks, Levy, Auerbach, Monte,
Sloane, Matthews & Auslander, P.C.
344 West Front Street
Media, PA 19063
mdavey@eckellsparks.com
Answered on Nov 05th, 2012 at 9:42 AM