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Attorney Checklist


Counsel must develop a list of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of malpractice or negligence for an injury involving an unnecessary cardiac procedure. The following checklist is an example of this technique.

 

Patient Medical History

[] History of cardiac defects, disorders, conditions, illnesses, or similar history

[] History of coronary artery disease, heart attack, heart failure, congenital heart defect, angina pectoris, chest pain, shortness of breath, or similar history

[] History of diagnosis or treatment for cardiac defects, disorders, conditions, illnesses, or similar issues

[] Imaging, angiograms, x-rays, lab tests, or other testing of the patient regarding cardiac problems

[] List of medications the patient is currently taking such as Plavix or nitroglycerin, if any

 

Proof of Physician’s Duty of Care

[] Proof of a physician-patient relationship

[] Physician’s duty to exercise independent medical judgment on behalf of the patient

[] Expert testimony establishing the physician’s standard of care

 

Treatment by Physician

[] Date of the patient’s first visit or consultation with the physician

[] Diagnostic tests and procedures performed, including angiograms or other imaging

[] Physician’s diagnosis and treatments recommended, such as angioplasty or coronary bypass surgery

[] Specific treatment recommended

[] Specific procedures performed

[] Specific drugs or medications prescribed or administered

[] Date(s) of subsequent visits to the physician, if any

 

Patient’s Hospitalization

[] Date of hospital or other health facility admission

[] Diagnosis and treatment by the emergency physician, such as for myocardial infarction

[] Diagnosis and treatment by the treating physician at the health facility, such as cardiac bypass surgery

[] Specific tests and procedures performed

[] Prior hospitalizations for cardiac defects, disorders, conditions, illnesses, or similar issues, if any

 

Proof of Breach of Standard of Care

[] Facts showing a breach of the standard of care

[] Expert testimony demonstrating a deviation from the standard of care

[] Physician’s failure to disclose risks of the treatment proposed or recommended (for example, the risks of surgery such as bleeding, infection, and other risks)

[] Physician’s failure to discuss alternative forms of treatment

[] Physician’s failure to obtain informed written consent

 

Physician’s Breach of Standard of Care Caused Patient’s Injury

[] Specific act(s) alleged to have caused or contributed to the patient's injury related to cardiac defects, disorders, conditions, illnesses, or similar issues

[] Expert testimony showing proximate causation between the physician’s negligent acts and the patient’s injury related to the diagnosis or treatment of the cardiac issue

[] Expert testimony ruling out other causes of the patient’s injury related to the diagnosis or treatment of the cardiac issue

[] Absence of negligent conduct by the patient that contributed to the patient’s injury (for example, the patient took all drug therapy and medications as prescribed)

[] Absence of intervening causes that resulted in the patient’s injury related to the diagnosis or treatment of the cardiac issue

 

Patient’s Damages

[] Lost wages or business profits

[] Present medical expenses

[] Future medical expenses

[] Pain and suffering

[] Other economic losses

 

See: Medical malpractice: negligent catheterization, 31 A.L.R.5th 1; Malpractice in diagnosis and treatment of diseases or conditions of the heart or vascular system, 19 A.L.R.3d 825; Proof of Malpractice Against Cardiologist, 139 Am. Jur. Proof of Facts 3d 327; Malpractice in Diagnosis and Treatment of Diseases or Conditions of the Heart or Vascular System, 19 A.L.R.3d 825; Proof of Unnecessary Cardiac Procedures, 129 Am. Jur. Proof of Facts 3d 1; Cardiological Malpractice Litigation, 68 Am. Jur. Trials 151.

 

 

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