The patient-doctor relationship is one that must inherently rely upon the trust that the patient places in the education, expertise, and medical knowledge of the physician. The medical opinion of other medical professionals may help to improve the patient’s knowledge and confidence in how to proceed. Sometimes however, a second or third opinion will reveal negligent actions on the part of the first doctor and might lead to a medical malpractice case.
An Ohio resident recently filed a lawsuit against a cardiologist whom he accuses of medical malpractice for allegedly persuading him to have an unnecessary surgical heart procedure performed, and — worse — allegedly implanting a defective medical device during the surgery.
In this instance, the plaintiff alleges that the cardiologist effectively frightened him into having surgery performed to implant a pacemaker-like device, despite a second doctor’s opinion that the surgery was not needed. The plaintiff, however, claims that he acted out of a sense of fear that if he did not have the surgery, he might die.
Now the plaintiff alleges in his civil medical negligence suit that the surgery he chose to have, to avoid the possibility of his early death, might end up being the cause of it at some point. He claims that the device he has inside of him was defectively made and may stop working unexpectedly.
The Ohio man is not the only person who has filed a negligence-based medical malpractice lawsuit against the cardiologist. A second individual is also alleging that he performed an unnecessary surgery and implanted a defective device, which she claims led to the need for a heart transplant later on.
Source: NWITimes.com, “Munster cardiologist accused of implanting unnecessary devices,” Vanessa Renderman, May 7, 2014