Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

My wife had to...

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?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Missouri

Lawyer's Assistant: Has anything been filed or reported?

No it just happend sunday night

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I am really just trying to understand if there was something that could have been done to avoid it.

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
11/22/2017
Nisha Jones
Category: Legal
Satisfied Customers: 3,483
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!

Ask Your Own Legal Question
Customer reply replied 8 months 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: 3,483
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Legal
Satisfied Customers: 3,483
3,483 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I had 2 seizures in my life... 6 years ago and 6 months
I had 2 seizures in my life... 6 years ago and 6 months apart following open heart surgery when blood flow was stopped for 9.5 minutes thru freezing to insert an aortic valve and graft the aorta to re… read more
Maverick
Maverick
Doctoral Degree
6,143 satisfied customers
Medical malpractice? My husband had kidney dialysis placed
Medical malpractice ? My husband had kidney dialysis placed thru his cariod artery and into his aorta. He had to be sent to one of the only 2 hospitals in the south to have open heart surgery to remov… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a question about the billing of my wife's breast
Hello, I have a question about the billing of my wife's breast reconstruction surgery following a double mastectomy. We chose (our bad) an out of network surgeon for the procedure. We scheduled a Tram… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
After breaking two toes, I went to the ER. I was kept there
After breaking two toes, I went to the ER. I was kept there for 12 hours while they decided that I would require surgery to repair them. Over the next several hours, they moved me to a room to wait fo… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Your response to my difficulty (not getting)my medical records
Your response to my difficulty (not getting)my medical records from my Optomitrist was very helpful. I'd like your feedback on another, important issue. I received injury to my right eye during catera… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My name isXXXXX and I have a medical question for you. In
My name isXXXXX and I have a medical question for you. In April of 2004, while in church, I experienced a pain in both my upper and lower jaws. I thought that I would ly down when I got back home. But… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My wife suffered from a stroke July 7th 2007. The stroke was
My wife suffered from a stroke July 7th 2007. The stroke was caused by a dissection of the left cerebral artery. The Dr. repaired the dissection with a stent. My wife has recovered for the most part, … read more
Dr. Phil, MD
Dr. Phil, MD
Internal Medicine Physician
Doctoral Degree
2,841 satisfied customers
What type of lawyer do I see if I think I have a good case
What type of lawyer do I see if I think I have a good case concerning someone purposely contaminating my food (gum) on the job, which is causing many life threating affects on the heath of my body. Th… read more
Loren
Loren
578 satisfied customers
My patient rights were seriously violated during a 5-day stay
My patient rights were seriously violated during a 5-day stay in a local hospital following spinal surgery. The nursing staff lacked the appropriate training, etc. to manage my pain and failed to foll… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I was given an upper endoscopy while in the hospital. The doctor
I was given an upper endoscopy while in the hospital. The doctor who performed the procedure called me and told me that the manual cleaning was performed and confirmed by the records but there in no c… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers
Good Morning, I was referred to your website by a friend and
Good Morning, I was referred to your website by a friend and have a legal questions for the State of Florida. This is a short version of all that has transpired in the past two years… On Dec 17 my hus… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I have an LVAD on my heart. It helps the left side of my heart
I have an LVAD on my heart. It helps the left side of my heart pump more blood through my body. In Jan 2011 I was in the doctor's office doing my monthly visit when my pump quit. I had emergency surge… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
An Illinois clinic hired a Missouri collection agency, which
An Illinois clinic hired a Missouri collection agency, which collected money from their patients and wouldn't remit it back to the clinic. The owner has had a stroke according to an employee during a … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
My mother-in-law was sent to the hospital Sunday evening. She
My mother-in-law was sent to the hospital Sunday evening. She had a lung infection and was on anti-biotics. She was scheduled for stints and when she was take to the hospital Sunday evening, the hospi… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
My nephew had a valve replaced and aorta repaired two weeks
My nephew had a valve replaced and aorta repaired two weeks ago this coming Wednesday. The doctors said the surgery was successful and his arteries were crystal clear. Less than 24 hours later he had … read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
In 2008 I had insurance in California, through my employer.
In 2008 I had insurance in California, through my employer. I got laid off in June, but was on COBRA in Sept. 2008, when my insurance authorized me for gastric bypass surgery. In Oct 2009 COBRA ended … read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
My wife had a stroke on Oct 16, 2008 and during her time in
My wife had a stroke on Oct 16, 2008 and during her time in the ER Room a tube was placed in her throat to assist in breathing. During this procedure her jaw was dislocated on both sides, which was no… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
i had a miscarage almost a year ago when i was 8 weeks ...
i had a miscarage almost a year ago when i was 8 weeks gone and my doc never told me why, this has played on my mind for so long when i found out i was so happy,never smoked or drank during the pregna… read more
LawNinvest
LawNinvest
Attorney & Certified Mediator
Juris Doctorate
2 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x