4 Elements You’ll Have to Prove If Your Heart Surgery Failed
When you agreed to undergo heart surgery, you assumed certain risks. No branch of medicine is an exact science, after all, and unanticipated complications can always arise.
Cardiology-related complications tend to be especially dire because of the nature of heart surgery. Thankfully, providers can mitigate a considerable amount of risk simply by following the most widely accepted and proven standards of care.
If your surgeon failed to do even that, you may be able to hold them (or the facility that employed them) accountable. For your claim to have a chance of yielding a payout, though, you’re going to have to prove the following four elements:
1. A Duty of Care
The negligent surgeon must have owed you a duty of care. This is typically the easiest element to prove because providers automatically assume a legal responsibility for each patient the moment they see them in a clinical setting.
2. A Breach of Duty
Most heart surgery claims are founded on negligence, which is characterized by a breach of the duty of care. In order to pursue a payout, you’re going to have to demonstrate how your surgeon deviated from the standards that have been established for the procedure in question. In other words, you must show that they did not behave as any other reasonable physician would have under the same circumstances.
The most valuable evidence of negligence will ultimately depend on the facts of the case; however, it will likely include medical records, diagnostic images, hospital logs, depositions from other members of the surgical team, and physical evaluations.
Causation is almost always the hardest element to prove in a medical malpractice claim because there are so many variables that can influence the outcome of a procedure. To secure a payout, you’re going to have to demonstrate how you wouldn’t have suffered the complications you did but for the surgeon’s breach of duty. This is where testimony from relevant experts, like cardiologists and other medical specialists, will come in handy.
The fourth and final element of every successful heart surgery claim is damages. You must prove that you suffered actual damages as a direct result of your provider’s negligence.
In Florida, medical malpractice claimants may seek compensation for both monetary and nonmonetary losses. Examples include the costs associated with:
- Home care;
- Ongoing rehabilitation;
- Prescription drugs;
- Replacement services;
- Domestic help;
- Missed work;
- Lost earning capacity;
- Emotional distress; and
- Loss of enjoyment in life.
Call (727) 821-1500 to Discuss Your Case with a Florida Heart Surgery Attorney
At Emerson Straw, we’re not afraid to take on even the biggest medical institutions. If you received substandard care from your cardiology team, we’ll help you gather the evidence needed to prove it.
Our seasoned attorneys have more than 70 years of collective experience in the legal field. To schedule your free case review with a seasoned heart surgery lawyer in Florida, fill out our Online Contact Form or call (727) 821-1500.