New Jersey Preoperative Clearance Failure Attorneys

Preoperative Clearance Failure Attorneys

When preparing for surgery, healthcare providers have a responsibility to ensure that patients are suitable candidates for the proposed procedures. This involves assessing the patient’s overall health to determine if the patient’s condition justifies the surgery. This is known as preoperative testing or pre-admission testing, which is key in evaluating a patient’s readiness for surgery. Failure to conduct preoperative clearance amounts to medical negligence, which may result in serious injury or even death.

At Varcadipane & Pinnisi, P.C., our preoperative clearance failure attorneys have experience identifying any deviations from medical standards during preoperative testing or if a patient’s surgical clearance was inappropriate. If you are a victim of preoperative clearance failure, contact us for a complimentary evaluation to discuss your case.

Table Of Content

What is Preoperative Clearance?
Common Preoperative Tests
Consequences of a Failed Preoperative Clearance
Compensation for Improper Preoperative Care
Time Limits for Filing a Lawsuit
Consult a NJ Medical Malpractice Lawyer for Free Today

What is Preoperative Clearance?

Preoperative clearance is a comprehensive assessment process to determine a patient’s fitness for surgery. It involves evaluating the patient’s medical history, physical condition, and potential risk factors that could complicate the surgery or recovery process.

For instance, if a patient with a history of cardiovascular issues is scheduled for surgery, the healthcare provider must ensure that the patient’s heart condition is stable enough to withstand the procedure. This involves carrying out tests to ascertain the suitability of the patient for surgery.

New jersey preoperative clearance failure attorneys

Common Preoperative Tests

Before surgery, various tests are conducted to evaluate the patient’s health. These tests are helpful to identify any underlying conditions that might pose risks during surgery and optimize surgical outcomes. Standard preoperative tests include:

Blood Tests

Blood tests are a fundamental component of preoperative evaluation. They provide critical information about the patient’s overall health status.

For example, complete blood count checks for anemia, infection, and other disorders. In contrast, blood type and crossmatch tests will determine the patient’s blood type and ensure compatible blood is available if a transfusion is needed.

Electrocardiogram (EKG/ECG)

An EKG/ECG assesses the electrical activity of the heart and helps detect cardiac abnormalities that could complicate surgery. It identifies arrhythmias (irregular heartbeats) that could pose risks during surgery. It can also help detect conditions like ischemia, heart attacks, and other cardiac conditions.

Chest X-Ray

A chest X-ray provides a detailed image of the lungs and heart, helping to identify any issues that could affect surgery or anesthesia. It will also detect infections, chronic lung diseases such as COPD or asthma, and tumors. The test evaluates heart enlargement or other structural abnormalities before carrying out surgery.

Urinalysis

Urinalysis tests a patient’s urine to detect urinary tract infections (UTIs) and other kidney-related issues. This tests for substances such as glucose, protein, and ketones. It identifies cells, bacteria, and crystals that indicate infection or kidney disease.

If tests reveal a kidney disorder, it could complicate surgery and recovery. Appropriate treatment or adjustments to the surgical plan may be required.

Pulmonary Function Tests

These tests assess lung capacity and function, particularly important for patients with known respiratory issues. They measure the volume of air the patient can inhale and exhale, assess the patient’s maximum speed of exhalation, and evaluate the lungs’ effectiveness in gaseous exchange between the bloodstream and the air.

Determination of Sensitivity to Products Used During Surgery

Identifying any allergies or sensitivities to materials and medications used during surgery is crucial for preventing allergic reactions.

For instance, a doctor will carry out a latex sensitivity test to determine if the patient has an allergy to latex. Additionally, medication allergy testing will identify any adverse reactions to antibiotics, anesthesia, or other medications that may be used during surgery.

MRI or CT Scans

These tests provide detailed images of the body’s internal structures for insights into potential complications that might not be evident through other tests.

MRI scans can produce detailed images of organs and tissues and are particularly useful for soft tissue evaluation to detect tumors, brain aneurysms, and spinal cord issues that could influence surgical planning.

On the other hand, a CT scan helps identify bone fractures, detailed anatomical structures, and internal bleeding, which can be critical for surgeries involving these areas.

Consequences of a Failed Preoperative Clearance

Failing to conduct proper preoperative clearance can have severe consequences. The impact of this failure can manifest in various ways. According to one comprehensive study, complications were present in at least 17% of surgical patients. Here are some effects of failed preoperative clearance:

Increased Surgical Risks

Without thorough preoperative testing, the patient’s undetected conditions can lead to complications during surgery. For example, a patient with undiagnosed heart problems might suffer a cardiac event during the procedure.

Prolonged Recovery

Inadequate preoperative clearance can result in a longer and more complicated recovery process. One research study discovered that a preoperative preparation program significantly improved recovery to one or two weeks after abdominal surgery.

The reason for prolonged recovery is that the patient’s body might not be adequately prepared for the surgery. This may lead to extended hospital stays and additional medical interventions.

Serious Injury or Death

The most severe consequence of a failed preoperative clearance is the potential for serious injury or death. A patient undergoing surgery without proper evaluation may face life-threatening complications that could have been avoided with appropriate preoperative care.

For instance, if someone with a history of hypertension is diagnosed with a heart condition that requires surgical intervention, there should be a detailed cardiac workup first. If the preoperative evaluation lacks a thorough cardiac assessment, the patient is likely to suffer a massive heart attack during the operation, which may lead to the patient not surviving the procedure.

However, ensuring that all relevant medical history is considered and that appropriate tests are conducted can significantly reduce the risk of serious complications or death during surgery.

Compensation for Improper Preoperative Care

If a patient suffers harm due to improper preoperative care, they may be entitled to compensation. A recent study examining the economic impact of unsuccessful surgeries found that compensation claims due to medical malpractice were significantly higher in surgery cases, such as those involving orthopedic procedures.

In cases involving preoperative clearance failure, recoverable damages may include:

Quality of Life

Compensation for the diminished quality of life addresses the negative impact on a patient’s ability to enjoy and participate in everyday activities and life experiences due to injury or medical negligence.

For example:

If improper preoperative care leads to a loss of mobility, such as paralysis or significant impairment, the patient may no longer be able to engage in physical activities they once enjoyed.
Persistent pain can severely affect their ability to perform routine tasks or enjoy leisure activities.
The psychological toll of dealing with ongoing health issues or disabilities can lead to depression, anxiety, and other mental health challenges, further reducing the quality of life.

Pain and Suffering

Victims of failed preoperative clearance can seek restitution for physical pain and emotional pain caused by the injury or medical negligence.

These may include the following:

Continuous or severe pain resulting from the injury, surgical complications, or ongoing medical treatments.
The mental anguish, anxiety, and emotional turmoil caused by the trauma of the medical incident, the injury itself, and the long-term implications on the patient’s life.
When the injury prevents the patient from enjoying hobbies, sports, family activities, and other aspects of life that they previously found fulfilling.

Lost Wages and Future Earnings

Sometimes, complications due to failed preoperative clearance may make the patient unable to work. They can seek compensation for lost earnings during recovery and the projected future earnings lost if the injury translates to long-term or permanent disability.

Our New Jersey preoperative clearance failure attorneys will ensure this compensation is as compressive as possible and covers the long-term impact on career progression. This needs to include missed promotions, bonuses, and retirement benefits due to inability to work or reduced capacity to work.

Medical Expenses

Since many cases of failed preoperative care lead to additional medication, patients may seek compensation to cover those costs associated with the extra treatment.

This should cover the immediate medical care following the injury as well as the ongoing treatment costs for rehabilitation and follow-up surgeries. Your attorney will ensure that the settlement includes costs for in-home nursing care, medical equipment, and modifications to the home to accommodate disabilities.

Loss of Consortium

If the lack of preoperative care leads to wrongful death, the surviving family members can seek compensation due to the impact on their relationship.

This compensation should address the spouse’s loss of companionship, affection, and sexual relationships due to the patient’s injury. For children, it covers the loss of parental guidance, support, and care. It will also cover the strain on relationships and the need for family members to take on caregiving roles.

Time Limits for Filing a Lawsuit

In New Jersey, you have a limited time to file a lawsuit for improper preoperative care. The timeline for filing medical malpractice cases is governed by the statute of limitations. This law sets the timeframe for filing a medical malpractice lawsuit in New Jersey to two years following an injury (N.J. State § 2A:14-2(a)(b)). However, several factors could affect this timing.

One important tolling factor is the identification of the injury. The legal time frame typically begins when the patient identifies or should have reasonably identified the injury resulting from the failed preoperative care. If the injury isn’t immediately recognized, the legal timeframe will be extended until it is discovered.

Also, for patients who are minors or legally incapacitated, the legal time frame might be extended. In New Jersey, minors have two years from their 18th birthday to file a preoperative clearance failure lawsuit.

Sometimes, a healthcare provider may deliberately conceal their negligence due to the implication of a lawsuit on their career. If this happens, the statute of limitations may be tolled until the patient discovers the fraud.

Preoperative clearance failure lawsuits are time-sensitive, and failure to act within the stipulated time frame means losing your right to sue. Therefore, you need to contact a preoperative clearance failure attorney as soon as possible to start building your case.

Your lawyer will ensure the lawsuit is filed within the statute of limitations. In addition to this deadline, they will assist in managing all necessary procedures promptly and addressing any exceptional circumstances that affect filing a medical malpractice lawsuit in New Jersey.

Consult a NJ Medical Malpractice Lawyer for Free Today

Bringing a medical malpractice lawsuit may not be easy for the patient and their families. Mostly, they’ve just discovered the injury, and they are grappling with medications to mitigate the impact. The legal team at Varcadipane & Pinnisi, P.C. realizes that this is the time you need to really focus on the treatment while, at the same time, you have legal rights and interests to safeguard.

A New Jersey preoperative clearance failure attorney can assess the validity of your case and take timely legal action to seek compensation. Call us at (201) 588-1500 to book your spot for free case evaluation.

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"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

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"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

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"We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

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"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

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Justin L. Client
"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

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"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

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"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

Bruce H. Client
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New Jersey Preoperative Clearance Failure Attorneys

Preoperative Clearance Failure Attorneys

Table Of Content

What is Preoperative Clearance?

Common Preoperative Tests

Blood Tests

Electrocardiogram (EKG/ECG)

Chest X-Ray

Urinalysis

Pulmonary Function Tests

Determination of Sensitivity to Products Used During Surgery

MRI or CT Scans

Related Practice Areas

Personal Injury Lawyer

Medical Malpractice

Ovarian Cancer

Prostate Cancer

Consequences of a Failed Preoperative Clearance

Increased Surgical Risks

Prolonged Recovery

Serious Injury or Death

Compensation for Improper Preoperative Care

Quality of Life

Pain and Suffering

Lost Wages and Future Earnings

Medical Expenses

Loss of Consortium

Time Limits for Filing a Lawsuit

Consult a NJ Medical Malpractice Lawyer for Free Today

Let Us Fight For You

Request Your Free Consultation

Practice Area

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi, P.C. as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my leg..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

"We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

"Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

"They were outstanding in every way and I couldn’t be more pleased! "

"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

"Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

"I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

"I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NY. He was very responsive,..."

"The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

"Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

"When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi, P.C...."

"The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

"Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

"I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

"Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

"Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

"I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

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