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I had chest pain so went in for a heart cath and the tore my vein and had to take me to emergency sugery do i have a case?

Oakland, MD |

Hello i had chest pain they took me in for a heart cath and tore my vein so they had to take me to emergency sugery. said they had to do a triple bypass. my question is do i have a case? did they charge me to fix something that they tore .my bill was over 100,000 i have tryed to forget about it since i am alive but somehow i feel that there is more to it.

Attorney Answers 5


A local malpractice lawyer would need to order your records, and send them to an expert to ascertain whether there was a breach of the standard of care. Avvo has a terrific "find a lawyer" tool to find a top-rated attorney with a low contingency fee.

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Based on the facts you have provided, it is quite possible that you have a medical malpractice case. You should have an attorney who handles medical malpractice cases in your area review your medical records and advise you about your options.

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Assuming you suffered no permanency, there are no real damages since they had to operate on you anyway. While tearing your vein could be considered negligent, you then have to have suffered damages. This is the weakest part of your case.

For peace of mind you could talk with a local medical malpractice attorney, but don’t be surprised if they tell you the same thing.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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You certainly should talk to a medical malpractice lawyer.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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I don't think a vein was torn during the catheterization. It was likely an artery if it was torn during the procedure. Veins are used for grafts during the bypass. In any event, whether the care was below the standard depends on what happened during the procedure. Only a review of the medical records by an expert will answer your question. In addition all of the bypasses may not have been necessary because of the tear and there is a chance that you might have needed a bypass operation anyway. Good news is that you sound like you are recovering.

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