Medical knowledge · Legal judgment · Human agency

Medically Reviewed By: Dr. Sarah Mitchell, M.D. — Board-Certified Physician, Medical Reviewer

Birth Injury Legal Resource

Heart Valve Surgery Malpractice: TAVR and SAVR Procedural Errors

Heart valve surgery is one of the most complex procedures in medicine. When errors occur, the consequences are often catastrophic. This guide explains common valve surgery errors and how to prove negligence.

If you or a loved one has been affected by surgical error in New York, our experienced New York surgical error lawyer team can help. MDLaw Firm has recovered millions for victims of medical negligence across all five boroughs — call 347-524-5777 for a free consultation.

<!-- META: Heart valve surgery malpractice lawyer in New York. TAVR and SAVR procedural errors, surgical negligence, and how to prove your case. Call 347-524-5777. -->

Heart Valve Surgery Malpractice: TAVR and SAVR Procedural Errors

Excerpt: Heart valve surgery — whether traditional open-heart (SAVR) or minimally invasive (TAVR) — is one of the most complex procedures in medicine. When errors occur, the consequences are often catastrophic or fatal. This guide explains common valve surgery errors and how to prove negligence.

Table of Contents

  1. Understanding Heart Valve Surgery
  2. SAVR: Traditional Surgical Aortic Valve Replacement
  3. TAVR: Transcatheter Aortic Valve Replacement
  4. Common Errors in Heart Valve Surgery
  5. Annular Injury and Cardiac Rupture
  6. Coronary Artery Occlusion
  7. Paravalvular Leak and Valve Malposition
  8. Embolic Stroke During Valve Surgery
  9. When Is a Complication Negligence?
  10. Proving Causation in Cardiac Surgery Cases
  11. Expert Witnesses in Heart Valve Cases
  12. Statute of Limitations
  13. Frequently Asked Questions

Understanding Heart Valve Surgery

Heart valve surgery repairs or replaces damaged heart valves that no longer function properly. The heart has four valves — aortic, mitral, tricuspid, and pulmonic — that regulate blood flow through the heart. When a valve becomes stenotic (narrowed) or regurgitant (leaky), it must be repaired or replaced to restore normal blood flow.

The two primary approaches to valve replacement are:

  • SAVR (Surgical Aortic Valve Replacement) — Traditional open-heart surgery requiring a sternotomy (opening the chest), cardiopulmonary bypass (heart-lung machine), and direct visualization of the valve
  • TAVR (Transcatheter Aortic Valve Replacement) — A minimally invasive procedure where a replacement valve is delivered through a catheter (typically via the femoral artery) and deployed within the diseased valve

Each approach has different risks, benefits, and technical requirements — and different potential for error.

[Link to: /medical-malpractice/surgical-errors]

SAVR: Traditional Surgical Aortic Valve Replacement

SAVR is the gold standard for valve replacement in younger, healthier patients. It involves:

  1. Sternotomy — Opening the chest through the breastbone
  2. Cardiopulmonary bypass — Diverting blood flow through a heart-lung machine
  3. Cardioplegia — Stopping the heart with a specialized solution
  4. Aortotomy — Opening the aorta to access the valve
  5. Valve excision — Removing the diseased valve
  6. Valve implantation — Sewing in the prosthetic valve
  7. Closure — Closing the aorta and chest

Risks of SAVR

  • Annular injury — Damage to the ring of tissue where the valve sits
  • Cardiac rupture — Tearing of the heart wall
  • Coronary artery injury — Damage to the coronary arteries
  • Stroke — From embolic debris or air entering the circulation
  • Bleeding — From the aortotomy or bypass sites
  • Heart block — Damage to the electrical conduction system

TAVR: Transcatheter Aortic Valve Replacement

TAVR is a newer, minimally invasive procedure for patients who are at high or intermediate surgical risk. It involves:

  1. Vascular access — Typically through the femoral artery in the groin
  2. Catheter advancement — Guiding the catheter to the heart
  3. Valve deployment — Expanding the replacement valve within the diseased valve
  4. Assessment — Evaluating valve function and position

Risks of TAVR

  • Coronary artery occlusion — The new valve can block the coronary artery ostium
  • Paravalvular leak — Blood leaking around the edges of the valve
  • Valve malposition — The valve placed too high or too low
  • Stroke — From embolic debris dislodged during the procedure
  • Vascular complications — Bleeding or dissection at the access site
  • Conduction abnormalities — Heart block requiring pacemaker

Common Errors in Heart Valve Surgery

1. Patient Selection Errors

Not every patient is a candidate for TAVR or SAVR. Errors in patient selection include:

  • TAVR for low-risk patients who would benefit more from SAVR
  • SAVR for patients too frail to tolerate open-heart surgery
  • Failure to evaluate comorbidities that increase risk

2. Technical Errors in SAVR

  • Improper suture placement — Causing paravalvular leak or valve detachment
  • Annular injury — Sutures placed too deeply, causing cardiac rupture
  • Coronary artery injury — The ostium is obstructed by the valve or sutures
  • Inadequate de-airing — Air emboli causing stroke
  • Prolonged bypass time — Increasing risk of complications

3. Technical Errors in TAVR

  • Valve malposition — Deploying too high (risking coronary occlusion or embolization) or too low (risking paravalvular leak or valve instability)
  • Failure to size the valve correctly — Using a valve that is too small (leak) or too large (rupture)
  • Coronary occlusion — Failing to assess coronary height and risk before deployment
  • Vascular injury — From the large-bore catheter access

4. Failure to Recognize and Respond to Complications

  • Failure to recognize coronary occlusion — Leading to myocardial infarction
  • Failure to recognize cardiac rupture — Leading to fatal hemorrhage
  • Delayed response to hemodynamic instability — Failing to stabilize the patient

Annular Injury and Cardiac Rupture

The annulus is the ring of tissue where the heart valve attaches. During SAVR, sutures are placed through the annulus to secure the prosthetic valve. If sutures are placed too deeply — or if excessive force is used — the heart wall can rupture, causing catastrophic hemorrhage.

When It's Negligence

  • Sutures placed in the wrong tissue plane — Too deep, into the myocardium
  • Failure to recognize a fragile annulus — In elderly or calcified patients
  • Excessive force — During valve seating or suturing
  • Failure to recognize and repair — A rupture that was not promptly addressed

Coronary Artery Occlusion

The coronary arteries supply blood to the heart muscle. Their openings (ostia) are located just above the aortic valve. During both SAVR and TAVR, the coronary ostia can be obstructed by the prosthetic valve or sutures.

In TAVR

Coronary occlusion is a particularly dangerous complication of TAVR. The risk is higher when:

  • The coronary ostia are low (close to the valve annulus)
  • The native valve leaflets are tall (can cover the ostium when pushed aside)
  • The valve is deployed too high

Pre-procedural assessment of coronary height is the standard of care. Failure to assess this risk before TAVR may constitute negligence.

In SAVR

Coronary ostial obstruction can occur when:

  • Sutures are placed too close to the ostium
  • The prosthetic valve's sewing ring covers the ostium
  • The surgeon fails to re-implant the coronary arteries (in certain procedures)

Paravalvular Leak and Valve Malposition

A paravalvular leak is blood flowing around (not through) the prosthetic valve. This occurs when the valve is not properly seated or sized.

When It's Negligence

  • Improper sizing — Using a valve that is too small
  • Incomplete calcification removal — Leaving calcium deposits that prevent proper seating
  • Improver suturing technique — Inadequate or uneven suture placement
  • Valve malposition in TAVR — Deploying too high or too low

A significant paravalvular leak may require re-operation or transcatheter closure, adding risk and cost.

Embolic Stroke During Valve Surgery

Stroke is a devastating complication of heart valve surgery. Causes include:

  • Embolic debris — Calcified material dislodged during valve manipulation
  • Air embolism — Air entering the circulation during bypass
  • Hypoperfusion — Inadequate blood flow to the brain during bypass

Prevention: Embolic Protection Devices

The standard of care is evolving to include embolic protection devices — filters placed in the cerebral vessels to capture debris. Failure to use these devices in high-risk cases may become a basis for liability as the standard of care advances.

When Is a Complication Negligence?

Not every complication of heart valve surgery is negligence. The key question is whether the surgeon deviated from the standard of care.

Factors That Suggest Negligence

  • The complication was caused by a technical error (improper suture placement, valve malposition)
  • The surgeon failed to assess known risks (coronary height before TAVR)
  • The surgeon failed to respond promptly to a recognized complication
  • The surgeon was impaired (fatigued, under the influence)
  • The operative report is vague, incomplete, or inconsistent with other records

Factors That Suggest a Known Risk

  • The complication occurred despite appropriate technique
  • The patient had known risk factors that were disclosed
  • The complication is a recognized risk of the procedure
  • The surgeon responded promptly and appropriately

Proving Causation in Cardiac Surgery Cases

Proving negligence in heart valve surgery requires establishing that the surgeon's breach of the standard of care caused the injury. Key evidence includes:

  1. Operative report — Documenting the surgical technique and any complications
  2. Echocardiogram reports — Showing valve function before and after surgery
  3. Angiography — Showing coronary anatomy and any occlusion
  4. Anesthesia records — Documenting hemodynamic status and events
  5. Post-operative imaging — CT or MRI showing complications
  6. Device records — For TAVR, records of valve sizing and deployment

Expert Witnesses

Heart valve surgery cases require testimony from:

  • A cardiothoracic surgeon — On the standard of care for SAVR
  • An interventional cardiologist — On the standard of care for TAVR
  • A cardiac anesthesiologist — On anesthesia and monitoring
  • A cardiologist — On pre- and post-operative cardiac management
  • A neurologist — If stroke occurred
  • A life care planner and economist — For damages

Statute of Limitations

Under CPLR 214-a, the statute of limitations is 2.5 years from the date of the malpractice.

Frequently Asked Questions

What is the difference between SAVR and TAVR?

SAVR (Surgical Aortic Valve Replacement) is traditional open-heart surgery requiring a sternotomy and cardiopulmonary bypass. TAVR (Transcatheter Aortic Valve Replacement) is a minimally invasive procedure where the valve is delivered through a catheter, typically via the femoral artery.

Can a heart valve surgery complication be malpractice?

Yes. If the surgeon deviated from the standard of care — such as improper suture placement, failure to assess coronary height before TAVR, or failure to respond to complications — and this caused your injury, it may be medical negligence.

What is a paravalvular leak?

A paravalvular leak is blood flowing around (not through) a prosthetic heart valve. It occurs when the valve is not properly seated or sized. A significant leak may require re-operation.

What is coronary occlusion in TAVR?

Coronary occlusion occurs when the prosthetic valve blocks the opening of a coronary artery, causing a heart attack. The risk is higher when the coronary ostia are low or the native valve leaflets are tall. Pre-procedural assessment of coronary height is the standard of care.

How long do I have to file a heart valve surgery malpractice claim?

Under CPLR 214-a, the deadline is generally 2.5 years from the date of the malpractice. The continuous treatment doctrine may extend this.


If you or a loved one has been affected by heart valve surgery malpractice in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.

If you or a loved one suffered from a surgical error, contact our Surgical Error lawyers today for a free, confidential consultation. Call 347-524-5777 or request a case review online.

Proven Results

Our NYC medical malpractice trial lawyers have recovered millions for victims of medical negligence across New York.

How Much Is My Heart Valve Surgery Malpractice: TAVR and SAVR Procedural Errors Case Worth?

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.

Catastrophic Injury (Brain Damage, Cerebral Palsy, Quadriplegia)

$5,000,000 - $50,000,000+

Key Factors

  • Lifetime care needs (often $10M+)
  • Loss of future earnings
  • Pain and suffering
  • Medical equipment and home modifications
  • 24/7 nursing care

Examples

  • Birth injury resulting in cerebral palsy
  • Anesthesia hypoxic brain injury
  • Surgical error causing paralysis

Wrongful Death

$1,000,000 - $15,000,000

Key Factors

  • Decedent's age and earning capacity
  • Pecuniary loss to distributees (EPTL 5-4.1)
  • Conscious pain and suffering before death
  • Loss of parental guidance
  • Medical and funeral expenses

Examples

  • Failure to diagnose cancer leading to death
  • Surgical error causing fatal hemorrhage
  • Delayed sepsis treatment

Significant Permanent Injury

$500,000 - $5,000,000

Key Factors

  • Permanent partial disability
  • Future medical expenses
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Impact on quality of life

Examples

  • Wrong-site surgery
  • Nerve damage from surgical error
  • Delayed stroke diagnosis causing permanent deficit

Serious but Non-Permanent Injury

$250,000 - $1,000,000

Key Factors

  • Temporary disability
  • Medical expenses
  • Lost wages during recovery
  • Pain and suffering
  • Emotional distress

Examples

  • Surgical site infection
  • Medication error requiring prolonged hospitalization
  • Delayed fracture diagnosis

Factors That Affect Your Settlement

Severity of Injury

More severe and permanent injuries command higher settlements due to lifetime care costs.

Liability Strength

Clear negligence (e.g., retained surgical object) yields higher offers than contested liability.

Economic Damages

Medical bills, lost wages, and future care costs are quantifiable and form the settlement floor.

Non-Economic Damages

Pain and suffering, loss of enjoyment of life, and emotional distress vary by injury type.

NY Statutory Caps

New York has NO caps on medical malpractice damages, unlike many other states — allowing for full compensation.

Medical Indemnity Fund (MIF)

Birth-related neurological injuries may qualify for the NY MIF, providing lifetime medical coverage.

Comparative Negligence

If the plaintiff is partially at fault, the settlement is reduced by their percentage of fault (CPLR 1411).

Defendant Resources

Hospital systems and their insurers typically have higher policy limits than individual providers.

Frequently Asked Questions

What is the average medical malpractice settlement in New York?

The average medical malpractice settlement in New York varies widely by injury type, but typically ranges from $500,000 to $5,000,000 for significant injuries. Catastrophic injuries such as cerebral palsy or brain damage can exceed $10,000,000. New York has no caps on damages, so there is no artificial ceiling on compensation.

How long does a medical malpractice case take in New York?

Most medical malpractice cases in New York take 18-36 months from filing to resolution. Complex cases involving multiple defendants or novel legal issues can take 3-5 years. Cases that settle before trial typically resolve faster, while cases that go to verdict can take significantly longer.

What percentage do medical malpractice lawyers take in NY?

New York medical malpractice attorneys typically work on a contingency fee basis, meaning you pay nothing upfront. The standard fee is 30% of the recovery, though it may vary by case complexity and stage of resolution. The fee must be approved by the court.

Are medical malpractice settlements taxable in New York?

Compensation for physical injuries and medical expenses is generally not taxable under federal and New York tax law. However, portions allocated to lost wages or punitive damages may be taxable. Consult a tax professional for guidance on your specific settlement.

What if I was partially at fault for my injury?

New York follows comparative negligence (CPLR 1411), meaning your settlement is reduced by your percentage of fault. For example, if you are found 20% at fault and the total damages are $1,000,000, you would recover $800,000. You can recover compensation as long as you are not 100% at fault.

Get a Personalized Case Valuation

Every case is unique. Our attorneys can evaluate the specific facts of your situation and provide an estimated range of compensation. This consultation is free and confidential.

Experience & Credentials

40+ Years of New York Medical Malpractice Experience

Our firm has dedicated over four decades to representing patients harmed by medical negligence in New York. Below are the credentials and trial results that establish our authority in this specialized field.

40+ Years of Combined Experience

Our founding attorneys have over four decades of combined experience litigating medical malpractice cases exclusively in New York courts. We have tried cases in Supreme Court, New York County, Bronx County, Kings County, Queens County, and Richmond County, as well as federal courts.

Notable Trial Wins

Our attorneys have secured numerous multi-million-dollar verdicts and settlements, including a $32 million verdict for a birth injury resulting in cerebral palsy, a $18.5 million settlement for a delayed cancer diagnosis, and a $12 million verdict for a surgical error causing permanent disability. While prior results do not guarantee future outcomes, our track record demonstrates our commitment to maximizing compensation.

Board Certifications

Our lead trial attorneys hold prestigious certifications, including admission to the Multi-Million Dollar Advocates Forum (top 1% of U.S. trial lawyers), Super Lawyers selection, and Avvo 'Superb' 10.0 ratings. Multiple attorneys are certified by the American Board of Trial Advocates (ABOTA).

Medical-Legal Expertise

Our firm employs in-house nurse consultants and maintains a network of board-certified physician experts across all specialties. This medical-legal integration allows us to review records, identify deviations from the standard of care, and build compelling expert testimony from day one.

NY-Specific Experience

We have deep expertise in New York's unique medical malpractice laws, including CPLR 214-a (statute of limitations), CPLR 3012-a (certificate of merit), General Municipal Law 50-e (Notice of Claim for public hospitals), EPTL 5-4.1 (wrongful death), and the New York Medical Indemnity Fund (MIF). We also litigate under Lavern's Law for cancer misdiagnosis cases.

Attorney Profiles

Our attorneys have been recognized by Super Lawyers, Best Lawyers in America, and the Multi-Million Dollar Advocates Forum. Each attorney focuses exclusively on medical malpractice litigation in New York State and federal courts.

Schedule a Free Consultation with Our Attorneys →

Get the Help Your Family Deserves

If you or a loved one has been affected by a birth injury in New York, contact MDLaw Firm at 347-524-5777 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.