Cardiothoracic surgeons play an essential role in the medical field. According to experts, heart disease kills 1 out of 4 people each year in the United States, and it’s the leading cause of death for men and women. Cardiothoracic (CT) surgeons go through rigorous training and are supposed to take necessary precautions to prevent CT surgery errors. However, CT surgery mistakes are more common than people know.
These errors tend to have devastating consequences. If you recently submitted to CT surgery (a heart operation) and your CT surgeon made a dangerous surgical error, contact attorneys who can guide you toward seeking adequate financial compensation.
If you or someone you know has been injured due to a CT surgical error in Baltimore, contact the law office of Bennett and Heyman, P.A. With more than 70 years of combined experience, they are known for aggressive legal representation and personalized attention to clients. While CT surgery alone is considered a life-impacting event, if there were errors in such delicate operation, you need an experienced and diligent team of lawyers representing you. Call (410) 727-2168 to schedule a free and confidential consultation.
Common Reasons for Surgical Errors and Mistakes
While heart surgeries are delicate procedures, surgical errors can be avoided. Mistakes during heart surgery can occur either due to a doctor’s error or a mistake by other hospital staff. Some errors in the field of CT surgery are inexcusable. Significant technology aids these surgeries to prevent wrongdoing.
The Society of Thoracic Surgery offers a database of known errors, standards, and techniques in CT surgeries. With this database, CT surgeons share information about risk factors and methods implemented to prevent these risks. Some of the errors in CT surgery are known to occur due to the following problems:
- Medical team communication failures
- High workloads and competing tasks
- Deviation from best practices
Most U.S. hospitals implement safety nets designed to catch errors. There are instances when doctors identify and correct the problem. If your doctor admitted the error, you might be able to hold him or her accountable in court. Even if there is an admission of a mistake, in the case of a CT surgery, the implications to your health can be such that your life expectancy and quality of will suffer. A heart surgery error can be difficult to repair.
If the physician or the hospital staff intentionally tried to hide the surgical error or refused to admit their wrongdoing despite proof of an error, you can obtain substantial compensation. Hiding errors of this nature are considered a malicious act as a matter of law. There are significant costs associated with finding the effects and how the error impacted your health or that of a loved one. Also, when individuals and institutions act with such malice, lawyers can ask for a type of compensation known as “punitive damages.” With the help of an experienced attorney, you can determine the causes of action and the types of damages you can pursue.
A surgical error malpractice case typically involves expert testimony. Experts are subject to court approval. Our team of attorneys is skilled in the tactics hospitals and doctors employ to put forth the testimony of biased professionals.
An expert who testifies is assumed to have “knowledge, skill, experience, training, or education.” However, Maryland laws provide restrictions to this broad definition prohibiting the testimony of individuals who spend a significant amount of time and resources to testifying in court.
Specifically, Maryland courts bar the testimony of experts who devote over 20% of their profession to testifying in court. These individuals are not qualified because they are not considered reliable and unbiased. Experts are supposed to educate a jury about the facts or determine a fact in issue. Our attorneys don’t stand for underhanded tactics that bring biased experts to represent opposing parties.
Time Limits for Filing a CT Surgical Error Lawsuit
The legal term used to refer to time limits is statute of limitations. Md. Code Ann., Cts. & Jud. Pro. § 5-109 provide that a medical malpractice lawsuit must be filed within either five years of the time the injury occurred or three years of the date the harm was discovered. Compliance with these time requirements is necessary for a viable claim. While there are limited exceptions to this rule, you may not want to put your rights at risk by delaying your decision unnecessarily.
If you are uncertain about what is the best course of action, the guidance of an experienced attorney can help you determine what causes of action you can pursue. Even if it seems too soon and not all of the facts have been uncovered, your attorney can help give some direction as to what steps are necessary to reveal more information.
Baltimore CT Surgical Error Injury Lawyers Offering Free Consultations
If you are grappling over the concerns regarding whether this process can bring a favorable outcome, don’t make a conclusion without talking to an experienced team of attorneys. The attorneys of Bennett and Heyman, P.A., have collaborated with medical professionals who are knowledgeable on the current standards in CT surgeries to determine the available causes of action. We also work diligently to determine the extent of your losses. Ascertaining the level of your economic and non-economic losses adequately is one of our vital roles as lawyers. Our attorneys can help you file a civil lawsuit against the CT surgeon responsible for your injuries or the injuries of a loved one. Call us today at (410) 727-2168 to schedule a free and confidential consultation.