Medical Malpractice Lawsuit Alleges Mechanical Failure the Result of Negligence
A medical malpractice lawsuit has been filed against a doctor and hospital after a surgical drape got caught in a piece of equipment and the surgery had to be aborted. The plaintiff was undergoing an aortic valve replacement when the drape allegedly got caught in the equipment. He died several days later due to complications related to not having the surgery. Mere hours after the surgery was aborted, the plaintiff suffered a major stroke. The plaintiff died of cardiac arrest several days after suffering a stroke.
The hospital and related defendants were blamed for the failure to perform the surgery. They are now being sued by the family of the plaintiff who alleges that their medical malpractice directly led to his death. This is a complicated case. In medical malpractice cases, the plaintiff must establish that the doctor or hospital staff deviated from the prevailing standard of care for the profession. It may be that stopping the surgery during the technical malfunction was the best thing they could do for the patient at that point. It’s unclear how the surgical drape got caught in the equipment, but it may not be enough to establish medical negligence.
Things go wrong during surgeries, but how does the doctor respond?
A mere mistake is not enough to establish that medical negligence occurred. A plaintiff must be able to establish that their doctor did not follow the prevailing standard of care for the profession. In other words, the doctor’s conduct is contrasted against the average doctor. If the doctor did something that deviated from the prevailing standard of care, then they can be accused of medical negligence. If not, then there’s no basis to claim medical negligence occurred.
Not every mistake rises to the standard of medical negligence. For instance, surgical mistakes can happen. An organ or artery can be perforated during the procedure. This is common. However, the doctor can patch the area and avoid serious injury to the plaintiff. If they don’t, then that could be considered medical negligence. If they do, then no medical negligence occurred.
In those cases, it’s a matter of determining whether or not the doctor responded to the mistake correctly. Injury is always a part of a medical malpractice lawsuit. A doctor can make a mistake, but if no injury occurred to the patient, then the patient cannot file a lawsuit. In this case, a patient died as a result of not having the aortic valve replacement. The surgery had to be stopped because of a technical difficulty. The defense will likely argue that the doctor made the best choice given the available options. The plaintiff will contend that the mechanical failure is the responsibility of the hospital and its staff.
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If you have been injured due to a medical procedure, an Atlanta medical malpractice lawyer could help you determine if you have a case against the doctor or hospital. Call Moses Law Firm today to schedule a free consultation and we can begin discussing your case immediately.