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My wife had to have emergency surgery to repair a tear in

her aorta. They think she...
My wife had to have emergency surgery to repair a tear in her aorta. They think she had a watershed stroke during the procedure. Should I seek legal representation?
JA: What state are you in? It matters because laws vary by location.
Customer: Missouri
JA: Has anything been filed or reported?
Customer: no it just happend sunday night
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I am really just trying to understand if there was something that could have been done to avoid it.
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Answered in 1 hour by:
11/22/2017
Nisha Jones
Category: Legal
Satisfied Customers: 1,517
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 24 days ago
Ok, thank you.

I'm sorry to hear your wife's not doing well. I hope she will be able to get better with the proper medicine and physical therapy.

The answer to your question is it depends whether the doctors did everything during the surgery within the standard of care, which includes certain measures to prevent strokes.

This type of surgery actually does place a patient at risk for a stroke. If the doctors did everything within the standard of care, and the stroke occurred, then there would not be grounds for a lawsuit here.

However if they did not do everything within the standard of care, then there would be grounds for a medical malpractice lawsuit.

For example in this article from The Journal of Thoracic and Cardiovascular Surgery

Volume 122, Issue 5, November 2001, Pages 935-945 titled "Stroke in surgery of the thoracic aorta: Incidence, impact, etiology, and prevention" mentions in its conclusion cerrtain things that are at times done to prevent strokes in patients with similar conditions to the one your wife had.

(1) Stroke complicates surgery of both the ascending and descending thoracic aorta and warrants consideration in decision making.

(2) Strokes are largely embolic.

(3) Antiembolic measures for particles and air are essential, including gentle aortic manipulation, thorough debridement, transesophageal echocardiography to identify aortic atheromas, carbon dioxide flooding of the field, and (in descending cases) proximal clamp application before initiating femoral perfusion.

It is however still possible that your wife's stroke was unpreventable. You would need an expert physician familiar with the standard of care in this situation to evaluate your wife' specific case and what occurred, to determine whether you do have grounds for a lawsuit.

You should therefore contact a medical malpractice attorney to discuss your case further, they will most likely have an expert physician they are familiar with, whom they can contract to review your wife's case.

See:

http://www.sciencedirect.com/science/article/pii/S002252230185306X

See also:

https://en.wikipedia.org/wiki/Watershed_stroke

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 1,517
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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