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Medical Malpractice or Unnecessary Procedure

Houston, TX |

A stint was inserted after which Plavix was prescriped for over three years. Then the Cardiologist said "you don't need Plavix" anymore! Six months later the same dr had me take a Stress test which shown a blockage. I thought I was dead & sought out a surgeon. The dr wanted to perform this outpatient procedure in his lab. No, I went to the hospital: it was my insurance. Then, it was learned by the Catherization that there was a blockage it wasn't my heart or the stint: but I had to have yet a 2nd stint put in my heart. The team that assisted told me that it was due to not taking Plavix--see legal help! So is what medical malpractice or what?

Attorney Answers 3


  1. There is no way in the world any experienced medical malpractice attorney can give you a yes or no "is this malpractice" answer based on a brief online posting and summary answer, even on a great legal site like AVVO.

    The short summary answer is that the medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.

    A determination is more a medical decision than a legal determination and malpractice attorneys work with medical experts to screen the facts and records in any given case prior to determining if any case merits going forward.

    If you believe that there may be a case, please make an appointment with an experienced medical malpractice attorney in your jurisdiction for a confidential and no cost initial consultation.

    I truly wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


  2. I suggest you look at the site guidelines.gov which collects all the specialty society recommendations for various medical conditions, including how long someone should be on Plavix or aspirin after a heart stent. That will give you some insight into how standard it is to take someone off the drug after three years. Also, if you have no provable functional disability from having to get the second stent, then you would not have enough damages to qualify for a legal case. Most qualified lawyers won't accept a case without serious permanent life-changing harm as a provable result of the malpractice.


  3. Your question will require consultation with an expert cardiologist who can review your records to determine your medical history and the sequence of events. Not every bad outcome automatically means that malpractice was committed. Moreover, just because a subsequent healthcare provider tells you to seek legal help also does not mean you have a winnable case.

    If a cardiologist reviews your records and determines that it was negligence to take you off of the Plavix, the issue will be the extent of damage caused by this alleged negligence. In other words, your cardiology expert would have to testify that it is more likely so than not that the taking you off Plavix caused a second blockage that required cardiac catherization. Keep in mind that any drug carries risks. If the benefits of the drug do not outweigh the risks then it is not negligence to take you off of the drug.

    The issues in your case will be complicated by other factors such as your dietary consumption, cardiac risk factors, age, weight and compliance with medical advice. This is why a cardiologist will need to review your records. Contact a local experienced medical malpractice attorney. Get your records for him to review.