Can I sue the surgeon for not doing two surgeries at the same time?

Probably not, and for at least one reason: that is a judgment call by the doctor, and if he deemed it unsafe, or unwise to do it, or if he felt it was risky, it is his choice to not do 2 surgeries at the same time. Secondly, and more common sense, is that surgery is considered a "surgical insult" to the body. It causes a lot of physiological conditions to occur. Prolonged uses of anesthetics is dangerous. If the doctor did not want to risk losing the patient in such a prolonged and traumatic situation, it was his choice. Be glad that your doctor had your best interests in mind.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. Expert testimony from a physician is required. These cases are difficult and expensive to prove and they do not settle out of court. Absent catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed

This is really first a medical question. Furthermore, medical practice cases are far too complex for any attorney to evaluate based on an email description. The attorney needs the medical records and needs to submit the records to a doctor to review. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.

You can sue him but you won't win unless you can prove that the standard of care in the medical community required him to install the mistral valve. To do that, you will have to have another heart surgeon testify that it was mandatory that he install the valve on the first surgery. As a practical matter you should find out why he didn't on the first one. My guess is that he was trying to avoid it, thinking it was in your best interest. If the standard allows him the discretion, it is not likely you would succeed. Good luck.

In Montana, you first must bring the claim to the Montana Medical Legal Panel. They are in Helena. Call them for details. After they make their non-binding but mandatory recommendation, then you can sue. However, I don't see a case. No, your doctor can't be successfully sued for not doing a two-fer.

You will need to obtain a copy of your medical records, and have the records reviewed by a cardiologist. The cardiologist will then determine if your doctor was negligent or not. Most law firms that specialize in medical malpractice will be able to obtain your medical records for you and have the records reviewed by an expert cardiologist. You will need to sign a written authorization, however, allowing the law firm the right to obtain a copy of your medical records.