Legal Question in Medical Malpractice in Iowa

What constitutes medical malpractice?

On apr.28,2000 i had double bypass surgery on the arteries of my right leg,prior to surgery i was told that they would use my own veins for the graft.After surgery i was told that they had used an artificial graft and that it was only good for 2 to 5 years and that since the graft was artificial i would also have to be on cumadin for the rest of my life. It was only after surgery that i was told about the artificial graft, 2 to 5 year success rate,or having to be on cumadin.I'm really starting to get upset about this because it now appears that the surgery is failing and I'm actually scared that I'll have to have more surgery to repair the so called repairs that had already been done and I don't feel I can trust anyone. I would greatly appreciate any advice you can give me, and thank you very much for your time and advice.


Asked on 6/16/00, 11:50 am

1 Answer from Attorneys
Joel Fenton Fenton Law Office

Re: What constitutes medical malpractice?

The first thing I as an attorney would be interested in knowing is whether you were told about the possibility that an artificial part and drug therapy would be necessary. It may have been that the doctor, after actually getting surgery underway, found that your condition was such that natural parts were unsuitable, and that the artificial option was the only way to go.

In the event that it could be proven that you were not warned about the possibility that artificial vein grafts were going to be used, there could be a cause of action for either "battery", which is a legal injury resulting from an unwanted contact with the body, or a lack of consent to surgery.

You probably recall signing a consent form before your operation. These forms are applicable only if you have been given full disclosure of the risks and possibilities before surgery.

There is enough in the facts you present that I would want to discuss the situation with you and determine what other facts or records would help me determine if a legally sound case of error or lack of consent was present. Please feel free to give my office a call at (515) 633-9210 or (888) 700-9941 and we can discuss it.

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Answered on 8/16/00, 3:34 pm


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