Mother died from angioplasty. Is that malpractice?

Question

My mother died from angioplasty. The doctor punctured her already weak major arteries. Is that considered malpractice? She went into coma after the angioplasty. Doctors still decided to giver her quad bypass. This was 2 years ago. Do we have a chance to claim malpractice? Does anyone have any idea where we can go for best advice without charging us a lot for consultation? We live in Fremont, Calif.

Answer 1

Talk to a lawyer. You could always make the claim, but whether you have a good case or not is the question to ask.

Without knowing all the facts (and I mean ALL of them) including what waivers where signed, what the actual CA laws are and the time frames, it is too hard to guess.

Answer 2

I can't answer from a legal standpoint, but I can from a medical/ethical.

Medicine is a very difficult practice for the most talented surgeons. Having been present as a nurse at many surgeries, I can tell you that - especially in cases like your mother' - docs don't always know what kind of mess they are going to find, until they are "in". If her arteries were in worse shape than any tests prior to surgery would have shown, then all they could do all that point was their best. If they were sure at that point (after having seen the arteries) that angioplasty was not going to be possible, they would opt to do the quad.

Know that making that decision as they are all standing there, and doing it, is much better for the patient than closing her up, and then later having to put her through surgery again. Doctors try to avoid multiple surgeries.

I am very sorry about your loss. But it sounds to me like they probably did the most logical thing given the circumstance, and sometimes you just can't save someone.

As far as puncturing the artery: a weak artery, punctured, can easily be sutured closed. I imagine that after it was punctured, they realized that the arteries were in terrible condition, and that is why they didn't do the angioplasty.

Trying to place blame will not heal your grief. Sometimes, in the hands of the best surgeons, people die. Your mom was already in bad shape. . . and they just couldn't do enough to prolong her life.

Having worked in the medical field, I know that most doctors and nurses are devastated when a patient dies on the table. They go over and over the day in their minds.. . .what could have been different? They do go home and cry over it. They have already punished themselves mentally more than you can do to them...

Answer 3

First of all, I'm so sorry to hear that you lost your mother. My heart goes out to you. Whether or not you pursue a lawsuit is up to you and your family. Let me just say this. Perforation (Puncturing) of a weak artery in that type of surgery is a risk that was supposed to be explained prior to the procedure. Your mother's doctor and your mother most likely decided that the benefits of a successful surgery outweighed the risk associated with that procedure. The risk is a small one, but it is still a risk. It is less likely that this is a malpractice case. Something to consider, and I wish you luck in whatever you decide to do. May you find peace within yourself.

Answer 4

There is ALWAYS a risk in surgery, and your Mother knew that. She was told about all of the risks beforehand, and most likely signed a document attesting to the fact that she understood them. I'm sorry for your loss, Sweetie, but you have no case.