According to Paxton’s wife, the surgeon performed a ‘maverick’ operation, and Paxton and his family were not fully briefed on the dangers of the operation. It is believed that the unconventional and high-risk surgery caused Paxton to suffer excessive bleeding, which led to cardiogenic shock and a compromised coronary artery that contributed to his stroke.
Additionally, Paxton’s family indicated that the surgeon did not disclose that the procedure was a new, minimally invasive procedure that was unconventional and not the standard of care. Worse, the surgeon who operated lacked experience in performing that procedure, and it was only after Paxton passed away that it was revealed that the surgery was not necessary.
The surgeon and the Cedars-Sinai Medical Centre in Los Angeles indicated that Paxton knowingly and voluntarily agreed to the procedure to fix his aortic aneurysm, despite having a preexisting condition (bicuspid aortic valve), which made him susceptible to potential complications. However, Paxton’s family disagrees and stated that the surgeon only did the operation to enhance his personal reputational and that he had a financial incentive to perform the procedure. They would never have agreed to the surgery had they known how dangerous and risky it was.
Paxton’s family filed a medical malpractice lawsuit against the surgeon and the hospital for his wrongful death. The hospital and surgeon vehemently deny any wrongdoing, and the case is still pending.
Wrongful death is the legal term used to describe your death, or the death of someone you know, due to the negligent or reckless behavior of other people or institutions. In medical malpractice law, these people are doctors, nurses, hospital administrators, and other healthcare professionals or healthcare organizations.
It’s important to realize that a wrongful death medical malpractice lawsuit is not a criminal case. It is a civil action which requires the gathering and presenting of evidence for the claim to be settled, which is why it’s best for you to consult with an NYC medical malpractice attorney if you live in NYC and wish to file such a lawsuit.
Wrongful death can be difficult to prove, and your case needs to be effectively delivered in court. Additionally, medical malpractice law is complex, and the laws differ from state to state; so it is necessary to have a medical malpractice lawyer who can assist you throughout the entire process.
Please feel free to contact the medical malpractice lawyers of Rosenburg, Minc, Falkoff & Wolff LLP in NYC if you think that a family member may have experienced a wrongful death.
By calling us on (212) 697-9280, you will be able to speak to one of our medical malpractice attorneys for a free, confidential consultation.