Cardiac & Heart Surgery Malpractice Attorney NYC

Common Cardiac Procedures and Risks

Cardiac surgery encompasses a range of procedures, each with significant risks:

• Coronary artery bypass grafting (CABG): Bypassing blocked coronary arteries using blood vessels from elsewhere in the body. Risks include stroke, bleeding, infection, heart attack, kidney failure, and death.
• Heart valve repair or replacement: Repairing or replacing damaged heart valves (aortic, mitral, tricuspid, pulmonary). Risks include stroke, bleeding, infection, valve failure, heart block, and death.
• Cardiac catheterization: A minimally invasive procedure to diagnose and treat heart conditions. Risks include bleeding, vessel damage, kidney injury (from contrast dye), stroke, and heart attack.
• Percutaneous coronary intervention (PCI/stenting): Opening blocked coronary arteries with a balloon and stent. Risks include bleeding, vessel damage, stent thrombosis, kidney injury, stroke, and heart attack.
• Ablation procedures: Treating arrhythmias by destroying abnormal heart tissue. Risks include heart block, vessel damage, pulmonary vein stenosis, and cardiac tamponade.
• Left ventricular assist device (LVAD) implantation: Implanting a mechanical pump for heart failure. Risks include bleeding, infection, stroke, and device failure.
• Heart transplant: Replacing a failing heart with a donor heart. Risks include rejection, infection, and organ failure.
• Aortic surgery: Repairing aneurysms or dissections of the aorta. Risks include stroke, paralysis, kidney failure, bleeding, and death.

Types of Cardiac Surgery Malpractice

Cardiac surgery malpractice can occur in several ways:

• Surgical errors: Errors during the procedure itself, such as damaging the heart, blood vessels, or nerves; improper graft placement; or valve misalignment. [Link to: /surgical-error-lawyer]
• Anesthesia errors: Errors in anesthesia administration or monitoring during cardiac surgery. [Link to: /medical-malpractice/anesthesia-error]
• Failure to use the heart-lung bypass machine (cardiopulmonary bypass) correctly: Errors in managing the bypass machine can cause air emboli, stroke, and organ damage.
• Failure to protect the brain: During cardiac surgery, the brain is at risk of stroke and injury. Failure to use appropriate protective measures (such as hypothermia and epiaortic ultrasound) may be negligence.
• Failure to recognize and treat complications: Bleeding, tamponade, stroke, and heart attack can occur during or after surgery. Failure to recognize and treat these promptly may be negligence. [Link to: /surgical-errors/post-operative-hemorrhage]
• Infection: Sternal wound infections and endocarditis (infection of the heart valves) can be devastating. [Link to: /hospital-negligence/hospital-infections]
• Failure to obtain informed consent: Operating without properly explaining the risks, benefits, and alternatives. [Link to: /surgical-errors/informed-consent]
• Unnecessary surgery: Performing cardiac surgery that was not medically indicated. [Link to: /surgical-errors/unnecessary-surgery]
• Medication errors: Errors in administering anticoagulants, vasopressors, or other cardiac medications. [Link to: /medication-error-lawyer]
• Failure to monitor: Failure to adequately monitor the patient during and after surgery. [Link to: /medical-malpractice/failure-to-monitor]

Coronary Artery Bypass Grafting (CABG) Errors

CABG is one of the most common cardiac surgeries, but errors can cause serious complications:

• Graft failure: The bypass graft can fail if it is improperly attached, kinked, or too small. This can cause a heart attack.
• Incomplete revascularization: Failure to bypass all significantly blocked arteries can leave the patient at risk of heart attack.
• Stroke: CABG carries a risk of stroke (approximately 1-3%), caused by emboli (blood clots or plaque) traveling to the brain. The standard of care requires measures to minimize this risk, including epiaortic ultrasound to detect atherosclerosis in the aorta.
• Bleeding: Excessive bleeding can occur during or after surgery. Failure to control bleeding or recognize and treat it promptly may be negligence. [Link to: /surgical-errors/post-operative-hemorrhage]
• Infection: Sternal wound infections can be deep (mediastinitis) and life-threatening. [Link to: /hospital-negligence/hospital-infections]
• Renal failure: Kidney injury can occur from the bypass machine or medications. Patients with pre-existing kidney disease are at higher risk.
• Cognitive decline: Some patients experience cognitive decline after CABG, potentially from microemboli during bypass.

Valve Replacement and Repair Errors

Heart valve surgery carries specific risks:

• Valve misalignment: Improper placement of a prosthetic valve can cause leaking, obstruction, or instability.
• Wrong valve size: Using a valve that is too large or too small can cause dysfunction.
• Heart block: Valve surgery (particularly aortic valve) can damage the heart electrical conduction system, requiring a pacemaker.
• Valve failure: Prosthetic valves can fail prematurely, requiring revision surgery. [Link to: /medical-devices]
• Endocarditis: Infection of the prosthetic valve can be life-threatening. [Link to: /hospital-negligence/hospital-infections]
• Stroke: Valve surgery carries a risk of stroke from emboli.
• Annular rupture: A rare but catastrophic complication of valve replacement, where the tissue around the valve tears.

Catheterization and Stenting Errors

Cardiac catheterization and stenting are less invasive than open-heart surgery, but errors can still occur:

• Vessel damage: The catheter can damage the blood vessel (artery), causing bleeding, dissection, or pseudoaneurysm.
• Stent malposition: The stent can be improperly placed, causing incomplete expansion, migration, or restenosis.
• Stent thrombosis: Blood clots can form in the stent, causing a heart attack. Failure to prescribe appropriate antiplatelet medications may be negligence.
• Kidney injury: The contrast dye used during catheterization can cause kidney injury (contrast nephropathy), particularly in patients with pre-existing kidney disease or diabetes.
• Stroke: Catheterization carries a risk of stroke from emboli.
• Heart attack: The procedure can cause a heart attack if a plaque ruptures or a vessel is occluded.
• Inappropriate procedure: Performing stenting when it is not indicated (e.g., in stable coronary artery disease where medical therapy is preferred) may be negligence. [Link to: /surgical-errors/unnecessary-surgery]

When Cardiac Errors Constitute Malpractice

Not every bad outcome from cardiac surgery is malpractice. Cardiac surgery carries significant known risks -- stroke, bleeding, infection, heart attack, and death can occur even when the surgeon does everything right. Malpractice requires a deviation from the standard of care that caused harm.

Cardiac surgery malpractice occurs when:

• The surgeon used improper surgical technique, causing damage to the heart, blood vessels, or nerves.
• The surgeon failed to use appropriate protective measures (epiaortic ultrasound, hypothermia) to prevent stroke.
• The surgeon failed to recognize and treat complications (bleeding, tamponade, stroke, heart attack) promptly.
• The anesthesiologist made errors in anesthesia administration or monitoring. [Link to: /medical-malpractice/anesthesia-error]
• The surgeon failed to obtain informed consent. [Link to: /surgical-errors/informed-consent]
• The surgeon performed an unnecessary surgery. [Link to: /surgical-errors/unnecessary-surgery]
• The healthcare team failed to maintain sterile technique, causing infection. [Link to: /hospital-negligence/hospital-infections]
• The healthcare team failed to administer appropriate medications (anticoagulants, antibiotics, antiplatelets). [Link to: /medication-error-lawyer]
• The healthcare team failed to adequately monitor the patient during and after surgery. [Link to: /medical-malpractice/failure-to-monitor]

Proving Your Cardiac Malpractice Case

To prove a cardiac malpractice case, you need:

• Medical records: Including pre-operative records, operative reports, anesthesia records, post-operative records, imaging studies (echocardiogram, cardiac catheterization, CT, MRI), and laboratory results. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Imaging studies: Echocardiograms, cardiac catheterization films, CT scans, and MRIs. [Link to: /radiology-errors/mri-malpractice]
• Expert review: Independent review by board-certified cardiothoracic surgeons, cardiologists, and, if stroke or brain injury is involved, neurologists.
• Standard of care evidence: Establishing what the standard of care requires and how the surgeon deviated from it.
• Causation evidence: Establishing that the deviation caused the harm (not a known risk of the surgery).
• Life care plan: If the injury is permanent, a detailed projection of future medical care, rehabilitation, and support needs. [Link to: /brain-injury/life-care-plan]
• Expert testimony: From qualified experts.

New York Statute of Limitations

Cardiac surgery malpractice claims are subject to the 2.5-year statute of limitations for medical malpractice (CPLR 214-a), running from the date of the negligent act.

Key considerations:

• Date of the negligent act: The 2.5-year clock starts on the date of the surgery (or the date of the post-operative negligence).
• Continuous treatment doctrine: If you continued to receive treatment from the same surgeon or hospital for the same condition, the statute may be extended until the treatment ends.
• Municipal hospitals: If the surgery occurred at a municipal hospital (NYC Health + Hospitals), a notice of claim must be filed within 90 days, and the lawsuit within 1 year and 90 days. [Link to: /hospital-negligence/suing-nyc-h-h]
• Wrongful death: If the malpractice caused death, the wrongful death claim must be filed within 2 years of the date of death. [Link to: /wrongful-death-lawyer]

Common Defense Arguments and How We Counter Them

Defense: The complication was a known risk of cardiac surgery.

Defense attorneys use several arguments in cardiac malpractice cases:

• Our Counter: While complications like stroke and bleeding are known risks, the standard of care requires the surgeon to minimize these risks (through epiaortic ultrasound, careful technique, anticoagulation) and to recognize and treat them promptly when they occur. If the complication was caused by a deviation from the standard of care, or if the surgeon failed to recognize and treat it promptly, the provider is liable.

Defense: The patient had severe heart disease and a poor prognosis.

Our Counter: While severe heart disease increases the risk of complications, it does not excuse a deviation from the standard of care. If the deviation caused or worsened the harm, the provider is liable. We use the concept of "loss of chance" to establish that the deviation reduced the patient chance of a good outcome. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Defense: The patient was a high-risk candidate for surgery.

Our Counter: If the patient was high-risk, the surgeon should have carefully evaluated the risks and benefits and obtained informed consent. If the surgery was not indicated, or if the patient was not properly informed of the risks, the provider may be liable. [Link to: /surgical-errors/informed-consent] [Link to: /surgical-errors/unnecessary-surgery]

Compensation Available

A successful cardiac malpractice claim in New York can provide compensation for:

• Medical expenses: Including past and future medical care, revision surgeries, rehabilitation, medications, and cardiac devices
• Cardiac rehabilitation: For recovery of cardiac function and overall health
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For brain injury, heart damage, kidney failure, and other permanent conditions
• Future medical care costs: Based on a life care plan, discounted to present value
• Loss of consortium: For the impact on family relationships
• Wrongful death damages: If the malpractice caused death [Link to: /wrongful-death-lawyer]

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential cardiac malpractice case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 2.5-year statute of limitations, the continuous treatment doctrine, and any municipal notice of claim deadlines.
• Record Retrieval: We obtain all medical records, operative reports, anesthesia records, and imaging studies. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Expert Review: We engage board-certified cardiothoracic surgeons, cardiologists, and neurologists to independently review the records.
• Causation Analysis: We establish the causal connection between the deviation and the harm.
• Life Care Plan: If the injury is permanent, we engage a life care planner to project future care needs.
• Litigation: We file within the statute of limitations and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

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.