Lawsuit: Surgical tool led to Pennsylvania man’s death
A lawsuit claims that a tool used during open heart surgery is responsible for the death of a man from Pennsylvania.
More than 3,600 people who had open heart surgery at either of two Pennsylvania hospitals were notified that they may have been exposed to a deadly infection. According to Penn Live, a device used in the surgery could be responsible for a condition that has affected 11 people so far.
One person, a 62-year-old York County business owner, died in November 2015, 11 months after having open heart surgery. A lawsuit filed against the facility and the device’s manufacturer seeks to hold the parties responsible for his death.
The infection
The man and nearly a dozen other people contracted nontuberculous mycobacteria or NTM. According to health officials, the infection can take time to grow, meaning symptoms may take months and even years to become noticeable. Symptoms can include the following:
- Coughing
- Fatigue
- Weight loss
The American Lung Association states that someone can contract the infection through inhaling the bacteria, which are naturally found in water and soil. The condition can be chronic, requiring years of antibiotic treatment. Though the organization states that death is extremely rare, it can occur.
The case
The lawsuit against the hospital and other parties claims that a heater-cooler device used during surgery led to the infection. The device, which circulates water, is intended to control the temperature of a patient’s blood while he or she is undergoing the operation.
One of the defendants listed in the lawsuit, York Hospital, stated that it did not strictly adhere to the device’s guidelines for cleaning. It has since replaced the heater-coolers it uses with a new brand of devices.
Medical malpractice lawsuits
Medical malpractice such as an error during surgery is a serious issue, as evidenced in this lawsuit. Under Pennsylvania law, people who suffer as a result of medical negligence and wish to file a claim must do so within two years of either the date of the injury or the date they knew about or should have known about the injury. There is also a statute of repose on medical malpractice cases, which means that no one may bring a suit more than seven years after the date of the incident.
To recover damages, such as compensation for medical bills, pain and suffering, there are several items that the plaintiff must prove. First, it must be shown that the person was under the defendant’s care. Next, the defendant must have strayed from the standard of care that other physicians or facilities would have provided. Lastly, that departure from the standard of care must be directly responsible for the plaintiff’s damages.
Medical malpractice cases often require expert testimony, substantial evidence and a knowledgeable attorney. People who have concerns about this issue should speak with a lawyer in Pennsylvania.