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Is this malpractice

Gretna, LA |

My husband went in the hospital to have a hole in his heart closed thru his artery in his leg. As they were ready to deploy the device they realized tge catheter wasn't purged and air went through his artery. They proceeded to close the hole and they waited to see where the air would go. Well it went to his brain caused a severe stroke he was on life support for a week and now has left sided weakness can't work, drive no sex drive and the list goes on and he was 40 years old when this happened. Would this be the type of case that may settle quickly?

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Attorney answers 3


You should consult with a medical malpractice attorney immediately, as it does appear that your husband's injuries may have been caused by negligence. Each state has different laws, restrictions and regulations, which will influence whether you have a viable claim and if so, how quickly it may resolve.


One of the best ways to gather evidence that points to medical malpractice is to obtain such an opinion from another doctor in the same field of medicine. This option may not always be available but I always ask clients that call the office "have you been told by another doctor that medical malpractice occurred?"

You should obtain your husband's medical records for review with a medical malpractice attorney. You need to also find out about your state's statute of limitations for medical negligence cases. You didn't mention when this injury occurred, so to be on the safe side you should contact a lawyer now.

Whether malpractice occurred depends on whether the doctor in question breached the standard of care. You can discuss this and more with an attorney. There are not enough facts here to know whether this case would settle. Also, depending on your state's laws you (the spouse) may have a claim for loss of services from your husband, but you would need to ask about this when you speak to a local attorney.
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What happened to your husband is called an air embolism and the situation you describe could very well amount to medical malpractice. You and your husband should absolutely look for the best medical malpractice lawyer you can find. Don't try to get medical records. If a lawyer is interested in the case, the lawyer will get the records and advance the expenses. I can't tell you based on the information you posted whether your husband has a good case or not. A full investigation would be required to answer that question. I can tell you that very very few medical malpractice cases settle quickly.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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