Congestive Heart Failure

[Steven412]

I had a triple bypass at the Memphis VA during 2008.  Two months later, I had to have 2 stints placed in 2 arteries because of congestive heart failure. An artery was done that did not need done, by pass failed.  An artery that needed done, nothing was done.  The VA admitted in writing was the case, but because it was not done malishiously, the were not liable for the surgery.  I had health insurance at the time that was billed by the VA.  Question: the surgery was corrected with stints, does this mean I no longer have congestive heart failure?  Shouldn't the VA be liable for the failed surgery since they bypassed the wrong artery, which their surgery notes stated they did the correct artery identified that later needed to have a stint placed within it?

[kenkeith]

Yes, you have a valid claim.  It doesn't require malice to be liable for an incorrect surgical procedure.  What is required is to be able to show there was carelessness and damages.  I can't see any excuse that doesn't involve carelessness for the injury you have sustained.

If your condition of heart failure was caused by lack of blood/oxygen to an area of the heart, then a procedure or medication that dilates vessels, or surgical procedure including stent implants should provide ample blood supply to the deficit area and if under those circumstances the heart is pumping  strong enough there should not be CHF.

Hope this helps.  Take care.