Pacemakers are small electronic devices implanted into a patient’s body, below the collarbone, for purposes of restoring a normal heartbeat through the application of a low-voltage electronic current. Pacemakers can assist a patient who has an irregular heartbeat. While the installation of a pacemaker is a routine surgical procedure, there may be mistakes made during the procedure that can harm you. If your heartbeat falls out of rhythm, the pacemaker is triggered and sends electrical currents to the heart. If your health care provider made a pacemaker implantation error and you were harmed, you may be able to hold him liable. A seasoned Syracuse medical malpractice can help you evaluate your legal options.
Pacemaker Implantation ErrorsPacemakers should be properly implanted. Where a health care provider causes a preventable injury while implanting a pacemaker, he can be held liable for the resulting harm. A properly trained and competent surgeon should take precautions to avoid an injury that can be prevented.
To establish your right to recover compensation for medical malpractice in this situation, you will need to show: (1) your health care provider owed a professional duty of care to you while implanting a pacemaker, (2) the duty of care was breached during the implantation, (3) causation, and (4) damages. Not every mistake will allow you to establish these elements. In some cases, the professional standard is met, and yet harm is inflicted anyway. Sometimes medical complications are the result of the inherent risks of the procedure, which the patient knew and agreed to accept.
There are also instances in which malfunction is not the result of an error in implantation, but the result of a manufacturing defect. You may be able to hold a manufacturer accountable by bringing a product liability lawsuit, rather than a medical malpractice lawsuit. It’s necessary to examine these cases closely to make sure to hold the right party accountable. There are situations in which a health care provider that implants a defective pacemaker can be held liable, such as where the health care provider knew or had reason to know a particular brand had a history of problems, in which case they can be considered negligent for using that particular brand. A knowledgeable medical malpractice lawyer can assess whether this may be an issue in your case.
InjuriesErrors made during implantation could include damage to the heart or a lung that’s punctured. These could result in further complications or death. When the pacemaker isn’t properly implanted, you may suffer from fainting spells, lightheadedness, and debilitating heart palpitations. Difficulties can arise in working and living.
DamagesIf you can establish liability for a pacemaker implantation error, you may be able to recover damages. Most of the time damages in a medical malpractice lawsuit are compensatory. That is, in this type of case, they’re intended to put you back in the position you would have been in had the pacemaker implantation error not occurred. Economic damages might include lost wages, medical bills, and out-of-pocket expenses. Noneconomic damages for injuries may include lost earning capacity, pain and suffering, loss of consortium, disfigurement, and mental anguish. If a pacemaker implantation error results in death of the patient, it may be possible to bring a wrongful death lawsuit to recover damages associated with the death. There are just two years after a patient’s death to file a wrongful death lawsuit. Compensation that may be recovered in a wrongful death lawsuit includes lost wages, burial expenses, medical bills, lost support, loss of parental care, and loss of inheritance.
Consult an Experienced Medical Malpractice Attorney in SyracuseIf you were harmed or a loved one died because of a pacemaker implantation error in Syracuse, it may be possible to recover damages through a medical malpractice lawsuit. The trial attorneys of DeFrancisco & Falgiatano represent patients harmed by medical malpractice in Syracuse, Rochester, and throughout Upstate New York, including communities such as Canandaigua, Ithaca, Binghamton, Auburn, Lyons, Herkimer, Cooperstown, Wampsville, Utica, Elmira, Oneida, Oswego, Lowville, and Watertown. Call our firm at 833-200-2000 or contact us via our online form.