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A woman with a history of heart disease died shortly after undergoing heart surgery; her family believed that the surgeons did not have the credentials to perform the procedure, and that, in addition, did not adequately inform them as to the nature of the procedure. The woman was seventy years old, and had a history of heart disease. She had had two mitral valve surgeries. During one of those surgeries, her mitral valve was replaced with a metal valve. Then, she suffered a stroke. At that point, she was admitted to Maimonides Medical Center. At Maimonides, it was discovered that the woman had a clot on the metal valve. The clot required surgery because it presented a danger of breaking off and blocking an entire blood vessel. At that point, two surgeons were selected to perform the surgery. The woman was transferred to Downstate Medical Center, and the surgeons performed the procedure. The problem was that the surgeons used a new technology, called heartport. (Heartport is used as an alternative to the more traditional aortal clamp.)

The woman never recovered from this final surgery. She never regained consciousness, and died five days later of a severe anoxic injury to her brain. The woman’s family believed that the surgeons did not have the proper credentials to use heartport. They also believed that the surgeons did not explain the heartport technology to them before using it during the procedure. Ultimately, the court found that the surgeons did not disclose the material risks, benefits, and alternatives in a way that a reasonable surgeon under similar circumstances would have disclosed them. Then, the court found that a reasonably prudent family in the position of the woman’s family would not have consented to the surgery if they had been fully informed.

If you or a family member has suffered harm because of a lack of informed consent about a procedure, or because of any other act of medical malpractice, you may need a New York medical malpractice lawyer. The lawyers and Bilkis & Associates are ready to assist you in evaluating your claim, and getting you all of the damages you are entitled to under the law. The firm has offices in the Bronx, as well as Manhattan, Brooklyn, Queens, and Nassau and Suffolk counties. For a free consultation with a New York Medical Malpractice Lawyer, call us at 1-800-NYNY-LAW (1-800-696-9529).

The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Point Lookout, N.Y., can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.

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