According to the Centers for Disease Control and Prevention, heart disease is a leading cause of death for Americans. The heart, arteries, and veins make up the cardiovascular system. Hundreds of thousands of people die each year because of cardiovascular diseases. While not every death related to heart disease can be prevented, some can. Cardiologists are the doctors who specialize in treating the cardiovascular system. If your cardiologist failed to diagnose you or provide appropriate care and you were injured as a result, you can speak with seasoned Syracuse medical malpractice attorney about whether you have a case.Cardiology Malpractice
Symptoms of heart disease include heaviness, pressure, burning, nausea, weakness, dizziness, faster heartbeat, or pain in the chest. Acute heart disease symptoms are sometimes misdiagnosed as stomach problems or not diagnosed at all. Many patients die from heart disease that could have been avoided through appropriate diagnosis and treatment. Cardiology malpractice can take the form of delayed diagnosis, heart surgery errors, improper stent placement, failure to diagnose heart attacks, failure to properly monitor a patient, failure to interpret a stress test, failure to prescribe appropriate medications, or failure to properly monitor patients.Liability for Cardiology Malpractice
Not every mistake made by a cardiologist will count as malpractice. To establish cardiology malpractice, you will need to show: (1) the cardiologist owed you a professional duty of care, (2) breach of the professional duty of care, (3) causation, and (4) damages. The breach of the professional duty of care can occur in many different ways. For example, as referenced above, it can be the result of a failure to diagnose or improper treatment.
Failure to diagnose occurs if a doctor doesn’t make a diagnosis, or diagnoses you with a condition you don’t possess. When a doctor treats you for your heart disease in a way another reasonable and competent doctor wouldn’t, or delivers incomplete treatment, medical malpractice may have occurred. There are also situations in which a doctor doesn’t adequately warn you of the known risks of treatment or a procedure, which can mean that they have breached their duty to warn you of risks that might cause you to change your mind about undergoing treatment.
As a plaintiff in a lawsuit against your physician, you will usually need to consult a cardiology expert about whether there is a viable medical malpractice claim in your case. Under Rule 3012-a of the New York Civil Practice Law and Rules, in any lawsuit alleging injuries caused by medical malpractice, along with the initial complaint, the plaintiff’s attorney needs to file a certificate declaring they have reviewed the case and consulted with at least one doctor who is licensed to practice medicine, and that the attorney reasonably believes that the expert is knowledgeable as to medical issues pertinent to the plaintiff’s claims, and based on that review, the attorney has concluded that there is a reasonable basis for the lawsuit.Damages
If you establish liability for medical malpractice, you should be able to recover compensatory damages. These are damages intended to put you back in the position you would have been in had you not been harmed by the cardiologist’s professional negligence. Damages may be both economic and noneconomic. Economic damages may include coverage for medical bills, rehabilitation, out-of-pocket costs, replacement services, prescription drugs, and medical equipment. Noneconomic damages may include pain and suffering, loss of enjoyment, and loss of consortium. Noneconomic damages can vary tremendously depending on the harms caused by the cardiology malpractice.
If a loved one has died has a result of cardiology malpractice, you may be able to recover damages by bringing a wrongful death lawsuit. Under New York Estates, Powers, and Trusts Code Part 4, to establish wrongful death you need to show: (1) death, (2) caused by the wrongful conduct of the defendant, (3) giving rise to a cause of action the decedent could have pursued in court had death not occurred, (4) survival by one or more people who have suffered a loss because of the death, and (5) damages recoverable by the estate.Consult a Skilled Medical Malpractice Attorney in Syracuse
If you were harmed by cardiology malpractice in Syracuse, you can discuss your situation with a knowledgeable medical malpractice lawyer. DeFrancisco & Falgiatano represents patients harmed by medical malpractice in Syracuse, Rochester, and throughout Upstate New York, including in areas such as Canandaigua, Binghamton, Cooperstown, Ithaca, Auburn, Herkimer, Elmira, Wampsville, Lyons, Utica, Lowville, Oswego, Oneida, and Watertown. Call our firm at 315-479-9000 or contact us via our online form.