Legal Options for Victims of Cardiac Arrest During Surgery

If you have surgery, it’s not usually because things are going well, with the exception of elective or cosmetic surgery. When you have a surgical procedure, you place your full faith and trust in the medical team providing your care. When this trust is violated, and your team does not do their due diligence to ensure your safety, it can have a lasting impact.

At Lopez McHugh LLP, we recognize that understanding the legal options for victims of cardiac arrest during surgery can be complex. Our medical malpractice attorneys are ready to fight for your right to compensation for your injuries resulting from physician negligence. When you work with our team, you can take more time to focus on recovery while knowing that we are fighting for your right to compensation.

What Is Cardiac Arrest?

Cardiac arrest refers to a medical event in which the heart stops. The causes of cardiac arrest are varied, but regardless of the reason, cardiac arrest is deadly. The National Heart, Blood, and Lung Institute reports that cardiac arrest is responsible for nearly half a million deaths each year and is lethal 9/10 times outside of a hospital setting.

A triggering event or medical condition commonly precipitates cardiac arrest:

• Congenital heart defect
• Coronary heart disease
• Heart damage
• Heavy alcohol use
• Physical stress
• Overuse or abuse of stimulants
• Severe emotional distress
• Overuse or abuse of depressants
• Electrolyte imbalance
• Diabetes
• Blood pressure problems
• Obesity

Research has shown that men tend to be at a greater risk of cardiac arrest, and black women experience the highest mortality rates. Some people may have genetic mutations that predispose them to cardiac arrest, and they may be unaware until it happens.

Resulting Injury

When your heart stops, your body is unable to get oxygenated blood to your brain and other organs, causing significant injury. This oxygen deprivation can result in long-term complications that include organ damage, anoxic brain injury, or death.

The sooner physicians notice the issue, begin compressions, and rectify the cause, the more positive the outcome. Prolonged cardiac arrest is physiologically similar to a global stroke in that the brain no longer receives oxygenated blood that is vital for functioning.

What Can Cause Cardiac Arrest During Surgery

The causes of cardiac arrest during surgery are similar to any other time. However, the triggering event may be artificially created in the operating room instead of on the street. The National Anesthesia Clinical Outcomes Registry reports that cardiac arrests due specifically to anesthesia are less than 1% at a rate of 5.6% per 10,000 cases.

However, that risk increases with age. This suggests cardiac arrest may be more heavily influenced by how certain factors interact than by anesthesia alone. Some of the causes of cardiac arrest observed during non-cardiac surgery include:

• Pulmonary embolism
• Electrolyte imbalances
• Bleeding
• Blood pressure
• Adverse effects of medication

Anesthesia Complications

While the above sources share that appropriately administered anesthesia alone may not cause cardiac arrest, there are components of it that may pose a risk. Recent research into perioperative cardiac arrest in the United States is bare.

Still, one study reported by the American Society of Anesthesiologists (ASA)  in the last decade reported that 64% of cardiac arrests during anesthesia were related to obstruction or other airway complications. This accounted for less than 25% of all cardiac arrest incidents in their sample. Mortality rates regarding anesthesia-induced cardiac arrests are less than 1%, based on multiple studies.

Preventing Cardiac Arrest in Surgery

While the risk of perioperative cardiac arrest is relatively low in patients lacking a complicated medical history and undergoing non-cardiac surgery, unpredictable circumstances can occur. Patients may have complicating medical factors such as diabetes, pharmacological allergies, and blood pressure problems. When surgical teams take a thorough patient history, including medications, they can anticipate and prepare for a possible cardiac event during the operation.

Each surgical center and hospital will have its own policy and procedure. However, The Joint Commission developed national standards and guidelines known as the Universal Protocol. This protocol provides standards to minimize mistakes that can lead to adverse patient outcomes and is considered the standard of care.

Pre-Procedure Verification

This step requires the care team to confirm the patient, procedure, and site of the surgery, as well as any materials needed for the procedure. If this step is missed, the surgical team may miss vital information regarding the patient’s risk for cardiac arrest.

Mark the Procedure Site

This step ensures the procedure will be conducted in the appropriate area. For example, amputations would be problematic if they were performed on the wrong limb or if the wrong kidney was removed. When possible, this should be done with the patient’s involvement.

Perform a Time-Out

A time-out with the surgical team should happen immediately before the surgery begins. This should include anyone involved with the procedure. It is a time for the patient, procedure, and procedure site to be confirmed yet again and for the team to ask any clarifying questions. This may be a crucial moment in preventing errors, particularly if the patient has a complex history or complicated diagnosis.

What Are My Legal Options?

Recovering from surgery is hard enough without managing the effects of unnecessary complications as well. Cardiac arrest may be considered a typical complication of surgery for some procedures, particularly cardiac or thoracic procedures. However, even a typical complication may not be ‘normal’ if it results from negligence.

Suppose you or a loved one experienced cardiac arrest during surgery, and you believe it may be the result of negligence or malpractice. You can file a complaint with the Commonwealth of Pennsylvania licensing board in that case. If you have sustained a significant injury from this incident, you may have legal recourse through a personal injury claim.

The foundation of any personal injury claim is negligence. The way our Lopez McHugh attorney may choose to do this is through establishing the elements of negligence, which consist of:

• Duty of Care: Your surgical team should behave according to the minimum standard of care
• Breach: Your surgical team somehow violated or failed to provide that minimum
• Causation: The breach of that standard caused injury
• Injury: Documenting injuries sustained

Medical Malpractice

Medical malpractice is a type of personal injury claim reserved for healthcare professionals. In the circumstance of operative cardiac arrest, it may apply to negligent physicians or nursing staff who failed to act in a way that aligns with other reasonable professionals. This may result from failing to abide by the universal protocol, causing a mistake, or by improper or inappropriate anesthesia.

Wrongful Death

If the worst happens and you suffer the loss of a loved one due to cardiac arrest in surgery because of the care team’s negligence, you may have grounds to file a wrongful death lawsuit. The Commonwealth of Pennsylvania legislative Chapter 83 allows surviving spouses, parents, or children to pursue this type of lawsuit in most cases.

Get Legal Help Today

When we are at our most vulnerable, we trust our surgical team to be proactive and attentive to our needs. This includes taking any steps necessary to ensure preventative measures are taken to minimize risks unique to you and your health conditions. If your doctor’s negligence caused your operative cardiac arrest, you may be entitled to compensation.

Our Lopez McHugh medical malpractice team is here to help you navigate this challenging time. Call us today to schedule a free case consultation where we can discuss the details of your situation and determine which of our services you may benefit from most.