More details to this question:
Texas surgeron performed triple bypass 3 1/2 months ago. He missed an calcified older blockage in my subclavical artery and I have been having fainting an shortness of breath issues. I went to another heart hospital and they found it during a angioplasty. New drs says how did he miss that? Because it was missed the artery in the bypass did not mature. Therefore I may have to have another bypass. Even after I went back to my original cardio dr it was not found. She kept saying my symptoms were medicine related. I was hospitalized 2x and having lots of unnecessary (I feel) medical expenses. Not to mention I have been extremely sick. Would this be grounds for a medical malpractice claim? This has been going on since Nov 26,2012
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Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It sounds like a malpractice claim, especially if you have to undergo a second bypass procedure. If your medical expenses are payable through insurance, your carrier might also pursue a subrogation claim for reimbursement of amounts that they have to pay relative to the second surgical procedure.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
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 Mar 12th, 2013 at 10:46 AM