Q: Can I use my cardio doctor after a staph infection complicates heart surgery?
I need advice on whether I can use my cardio doctor for performing a quadruple bypass surgery after experiencing a staph infection. The infection was present before the surgery, and the doctor did not address it, resulting in three additional surgeries to close my chest. This situation has made it difficult for me to walk.
A:
If you are thinking about suing your cardiothoracic surgeon, the key issue would be whether their decision to proceed with surgery despite the infection amounted to medical negligence. In cases like this, proving malpractice generally requires showing that the doctor failed to meet the standard of care expected from a reasonably skilled professional in the same situation.
A major factor would be whether the doctor knew or should have known about the staph infection and whether addressing it beforehand could have prevented the complications you experienced. Additionally, medical malpractice cases hinge on expert testimony, so having another doctor review your medical records could be crucial in determining whether your surgeon acted inappropriately.
Another important consideration is the statute of limitations, which sets a deadline for filing a lawsuit. This varies by state, so it’s important to act quickly if you’re thinking about pursuing legal action. In Kentucky, you must file your claim(s) in court within one year of the date of injury. Given the complexity of these cases, speaking with an experienced medical malpractice attorney would be a good next step. They can review your records and help determine whether you have a strong case.
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