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

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.

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.

Get In Touch With Us

Contact Us now call us now

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.

Let Us Fight For You

Need Help? Contact us 24/7

Free Consultation (800) 616-2916

New York & New Jersey Personal Injury & Litigation Lawyers