Cardiac Surgery Compensation Claims.

Cardiac surgery is performed for a variety of reasons, primarily aimed at diagnosing, treating, or preventing heart-related conditions and diseases. Here are some of the main reasons why cardiac surgery may be necessary:

• Coronary Artery Disease (CAD) is caused by the build-up of plaque in the coronary arteries, which can restrict blood flow to the heart muscle. Surgical procedures may be performed to reroute blood flow and improve heart function.
• Heart Valve Disease can lead to conditions such as stenosis or regurgitation, and surgical intervention is often necessary to restore normal blood flow and heart function.
• Congenital Heart Defects are present from birth and can affect normal heart function. Cardiac surgery may be required to correct these defects.
• Arrhythmias (irregular heartbeats) can be life-threatening and may require surgical intervention. Procedures such as catheter ablation or the installation of a pacemaker or implantable cardioverter-defibrillator (ICD) can help restore normal heart rhythm.
• Aneurysms are bulges in the walls of blood vessels, including the aorta. If an aneurysm ruptures or poses a risk of rupture, surgical repair may be necessary to prevent complications.
• Heart Failure, where the heart is unable to pump blood effectively, may require surgical interventions such as heart transplant or ventricular assist devices (VADs) to improve cardiac function and enhance the quality of life.
• Pericardial Disease affects the pericardium (the sac surrounding the heart) and may require surgical intervention to remove fluid or repair damage to the pericardium, helping alleviate pressure on the heart.
• Coronary Angioplasty and Stenting are less invasive procedures which open narrowed arteries and keep arteries open to ensure adequate blood flow.

Cardiac surgery negligence occurs when a medical professional fails to uphold the standard of care expected in the field, resulting in harm to the patient. This could include a variety of actions or inactions, such as misdiagnosing a heart condition, which delays necessary treatment; making surgical errors, such as incorrect incisions or failing to repair damaged tissues properly; improperly using or placing medical devices like stents or pacemakers; failing to monitor the patient’s vital signs during surgery, which can lead to undetected complications; and providing inadequate post-operative care that fails to address complications like infections or blood clots. These errors can have serious and potentially life-threatening consequences.

Determining whether you have a valid claim for cardiac surgery negligence involves assessing several factors. First, you must consider whether the healthcare provider breached their duty of care, which means they did not act to the standard expected of a medical professional under similar circumstances. Second, you need to demonstrate that this breach directly caused harm or injury to you or your loved one. Consulting with a specialist medical negligence solicitor is crucial, as they can evaluate your medical records, gather relevant evidence, and obtain expert opinions to help clarify the validity of your claim.

To build a strong cardiac surgery negligence claim, it’s crucial to gather various types of evidence. Start with medical records that document your diagnosis, treatment plans, and post-operative care. Expert testimony from medical professionals can help assess whether the standard of care was met, while witness statements from those who observed the negligence can corroborate your account. Additionally, compile documentation of damages, including receipts for medical expenses and records of lost wages, to demonstrate the financial impact of the negligence. Your solicitor will assist you in collecting and organising this evidence to create a compelling case.

Signing a consent form indicates that you were informed of the risks associated with the surgery, but it does not absolve healthcare providers of liability for negligence. Consent forms typically cover known risks but do not protect against failures in care that fall below the accepted medical standard. If negligence occurred that resulted in harm, you may still pursue a claim, even if you signed a consent form. Your solicitor will evaluate the details of your case to determine the best course of action.

If a loved one has died due to cardiac surgery negligence, you may be able to bring a claim in relation to their wrongful death on behalf of their estate or on behalf of dependants and those they supported. This claim can seek compensation for funeral expenses, covering burial or cremation costs; loss of financial support the deceased would have provided to their dependents; and medical expenses incurred prior to the death due to negligent care.

The timeline for resolving a cardiac surgery negligence claim can vary significantly depending on several factors, including the complexity of the case, the willingness of the parties to negotiate, and whether the case goes to trial. Some claims can be settled within a few months, particularly if liability is clear and both parties can agree on a compensation amount. However, more complicated cases may take years to resolve, especially if they require extensive investigations or expert testimony. Your solicitor will keep you informed about the progress of your claim and provide realistic timelines based on your specific situation. At Lanyon Bowdler, we’re committed to helping you navigate the legal complexities of cardiac surgery negligence claims. If you have more questions or believe you have a claim, contact us today for expert advice.