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Is this a medical malpractice case?

My father recently underwent a heart transplant at a Dallas hospital. We were advised the same doctor would not perform both the Harvest and the Transplant operation, however in my fathers operation the same Doctor went to Beaumont texas and harvested the heart, then came back to perform the operation on my dad. My mother knew that was not standard procedure and asked him about it, he told her that "we have been conditioned for this".

My grandmother also overheard nurses state that they left the saline drip off overnight - and his condition is not improving so far. He is still in ICU and we have been advised to talk to an attorney by friends of the family.

Additional information
I failed to mention that his "suture" (the stitchings that connect the heart and the main artery) Came loose and he lost two liters of blood in two minutes. He is still in a coma and has not woke up yet. As of yesterday we were advised he has moderate brain damage due to loss of blood.

There is new information in this as well. We were told that the same doctor would not do the harvest and the transplant at the orientation with the hospital. Two different doctors would perform both procedures. In my father's case and without our consent or knowledge they used the same doctor to harvest the heart in beaumont texas and then perform the transplant back in Dallas. We would not have consented to this, and neither would my father however none of us were even informed. This doctor had to have been up for 24 consecutive hours and must have also flown back & forth from beaumont. In the state of Texas not even Truck Drivers can drive for that amount of time without being required by law to rest for eight hours.
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Attorney answers (3)

Reputation Level 11
These questions would have to be reviewed by a cardiac surgeon to know for sure. However, what you have written here would make me want to investigate further. If you can collect the medical records prior to visiting with an attorney, it would be helpful. If you have the records, I would be happy to review them to let you know my opinions. I do practice all over the State of Texas.
2 people marked this answer as good
Mary Katherine Brown
Mary Katherine Brown, licensed in New York

Reputation Level 14
In order to determine if malpractice exists, all medical records will need to be reviewed by an independent M.D.

To prevail on a Texas medical malpractice case, one must show the treating doctor/hosptal did not practice medicine with the required standard of medical care owed to your father and this failure caused your father to be injured and he sustained damages, such as medical bills, pain and suffering.

These things must be proved through the testimony of doctor, not a patient or patient's family members.

For more free Texas medical malpractice information, please visit the link below.

Respectfully,


Jason Kipness
1 person marked this answer as good
Mary Katherine Brown
Mary Katherine Brown, licensed in New York

Reputation Level 9
I would seek advice from a medical malpractice lawyer near where you live.

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