Errors in Pacemaker Implantation
All medical procedures have some level of risk, particularly those involving the heart. It is not uncommon for individuals experiencing heart problems to be fitted with a pacemaker in Maryland and elsewhere. If your loved one or you have been injured due to a defective pacemaker or an error in pacemaker implantation, you may be entitled to compensation for your harm. At Arfaa Law Group, Baltimore medical malpractice lawyer Julia Arfaa understands the nuances of this area of law and can put this knowledge to use for you.Take Legal Action Following a Negligent Error in Pacemaker Implantation
According to the American College of Cardiology, approximately 200,000 pacemakers are implanted in the U.S. on an annual basis. A pacemaker is a small electronic device that uses low-voltage electrical current to help regulate a patient’s heartbeat. Specifically, a pacemaker may help correct an irregular heartbeat. When the heartbeat falls out of rhythm (beating either too rapidly or too slowly), the pacemaker kicks in and sends gentle electrical currents to the heart to fix it. The device is placed in the chest below the collarbone.
If a pacemaker is incorrectly implanted or implanted in a way that causes harm to a patient, that patient may be able to file a medical malpractice lawsuit against the at-fault health care provider. Medical malpractice takes place when a doctor causes an injury or death to a patient because they failed to conform to the standard of care that a qualified doctor in the same area of medicine would have upheld under the same circumstances. For example, causing a preventable injury while implanting a pacemaker would likely result in the surgeon being liable for the patient’s harm. This is because an appropriately trained and knowledgeable surgeon performing the same procedure would take precautions to avoid a preventable injury.
In order to prevail in a medical malpractice claim, the plaintiff must establish that the health care provider owed a duty of care to the patient, the health care provider breached the duty of care owed to the patient, and the patient’s harm was a direct result of the health care provider’s negligence. Of course, not all mistakes made by health care providers will rise to the level of medical malpractice. Some errors may be deemed errors in judgment, meaning that a reasonable physician could have conceivably made the same mistake. In other cases, medical complications may arise due to the procedure’s inherent risks, which are known to the patient and are included in any assumption of risk. It will be important to retain an expert witness who can explain why the particular mistake made in your case does not fit within these categories.
Sometimes a pacemaker will malfunction due to a manufacturing defect. If this happens, you may be able to sue the manufacturer through a product liability claim. Product liability is an area of law that is meant to hold manufacturers and retailers responsible for placing a defective product into the hands of a consumer. In certain cases, a health care provider or hospital that used the defective pacemaker may also be liable. For instance, if a health care provider or hospital knew or had reason to know that a certain brand had a history of problems, they may be deemed negligent for using that specific brand.Contact a Baltimore Attorney for Guidance with a Cardiology Negligence Case
While pacemaker implantation is a relatively common procedure, it is still possible for problems to arise. If you have suffered a pacemaker implantation injury, you need to reach out to a knowledgeable cardiology negligence attorney who can assess the merits of your case. Medical malpractice claims must be filed within a certain timeframe, so it is important to act quickly. Baltimore attorney Julia Arfaa can keep you thoroughly informed during your case and make sure that you understand your legal rights and options at every step of the way. We represent people seeking a medical malpractice lawyer throughout the State of Maryland. To set up a free consultation, call us at 410-889-1850 or contact us online.