Patterson, CA asked in Medical Malpractice and Health Care Law for California

Q: I have Triple bypass surgery that could be avoided if my doctor refers me to Cardiologist . Is my doctor liable?

My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.

3 Lawyer Answers

A: If your doctor was aware of your heart issues and failed to refer you to a cardiologist, resulting in unnecessary triple bypass surgery, you may have grounds for a medical malpractice claim under California law, specifically under the Medical Injury Compensation Reform Act (MICRA). To establish liability, you would need to demonstrate that your doctor’s failure to refer you constituted a breach of the standard of care, leading directly to your surgery and any resulting harm. Gathering medical records, treatment notes, and possibly expert testimony would be essential in supporting your case. Consulting with a medical malpractice attorney can help you evaluate your options and determine if you have a viable claim.

A: The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would need to argue why it IS UNLIKELY to be true, within given limits of confidence before a jury. That would involve a detailed and thorough review of your medical records. See if you could arrange a free initial consult with a med mal law firm. That could be the definitive way to answer your question. I hope you have a healthy recovery. Good luck

James L. Arrasmith
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Answered

A: It sounds like you're frustrated with the care you've been receiving, especially given the severity of your condition. If your doctor knew about your heart issues and failed to take appropriate action, such as referring you for more in-depth care, you might have concerns about whether they met the expected standard of care. Doctors are expected to provide treatment that aligns with what a reasonably careful physician would do under similar circumstances.

In cases like yours, the key question is whether a reasonable doctor, knowing your symptoms and medical history, would have taken additional steps, such as a referral for further evaluation. If delaying or failing to provide this care directly caused your need for triple bypass surgery, it could be seen as negligence. However, proving this can be challenging and typically requires input from other medical professionals.

To fully understand your options and whether your doctor may be liable, it would be important to consult with an attorney who has experience in this area. They can assess whether the actions taken by your doctor deviated from what would be expected and if that caused you harm. Documenting your medical history and interactions with your doctor will be essential for your case.

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