In any type of surgery, including heart or vascular surgery, errors can be made with respect to whether the patient was an appropriate candidate for surgery and whether the patient underwent surgery quickly enough. Errors can also occur during the surgery itself as a result of poor technique or from failing to end the procedure if the patient goes into distress. If the patient was not an appropriate candidate for the surgery or the complication was the result of poor surgical technique, that patient will be able to show that the complication would have been avoided with appropriate care.
In some instances, complications from surgery are known as recognized risks of the procedure. In those instances, it can be difficult to prove negligence. However, it may be possible to show that since the complication was a recognized risk of the procedure, the complication should have been discovered and treated at an earlier point in time. In those cases, it would be essential to show that earlier treatment would have led to a significantly better outcome.
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