Thoracic Surgery Malpractice Lawsuits

This page is about thoracic surgery medical malpractice lawsuits and their settlement value. Our lawyers handle thorasic surgery related malpractice lawsuits throughout the country.

Thoracic surgery encompasses procedures on organs or other structures of the chest. The major areas of thoracic surgery include pulmonary (lung) and esophageal surgeries, as well as cardiothoracic  (heart) surgery.

Conditions often requiring thoracic surgery run the spectrum from potentially life-threatening illnesses such as coronary artery disease and lung cancer to more minor conditions such as gastro-esophageal reflux disease (GERD).

While surgery is intended treat or prevent these and other ailments, it does present the possibility of serious injury or death if the surgeons and other involved practitioners fail to meet the standard of care.

What does that mean? It means doctors have to do what prudent doctors should do and they have to pay for their mistakes if they are hurt someone because they were not providing quality care to a patient.

Claims Before Surgery

Paradoxically, many malpractice claims in thoracic surgery arise before surgery occurs—if it happens at all. In many instances, the victim’s injury or death was due to the failure of the surgeon to perform surgery in a timely manner, or the failure to even advise surgery as the appropriate treatment.

Such errors can result in the unnecessary advancement of disease, such as the growth or spread of lung cancer, or a sudden acute event such as a heart attack that may have been avoided by timely surgery.

In any case, once surgery is determined to be the best course of action, it is the responsibility of the surgeon and his or her team to perform the procedure correctly and manage the patient’s post-operative care appropriately.

Thoracic Surgery Malpractice Injuries

One of the most common errors in thoracic surgery is to accidentally nick, perforate, or otherwise injure neighboring organs, vessels, nerves or tissue during surgery; these mistakes may result in any number of serious complications depending on the location of the injury such as uncontrolled internal bleeding, infection in the chest cavity, collapsed lung or death.

Perhaps unsurprisingly, a surgeon’s judgment error, carelessness and/or memory failure is often the cause of these injuries.

How do you avoid these medical mistakes?  Meticulously reviewing the patient’s history to identify potential challenges that may be encountered during surgery, certain characteristics, such as a patient’s age or pre-existing medical condition, can inform a surgeon as to certain precautions. These precautions should be taken before, during and after surgery to reduce the risk of complications, as well as to determine whether surgery is the appropriate course of treatment at all.

While shocking, and despite clear guidelines intended to avoid such mistakes, another common malpractice claim in thoracic surgery is that of a foreign object being left in the patient’s body following surgery, such as a sponge or surgical instrument.

The result is typically intense pain and/or infection requiring a second surgery to retrieve the object, treat or prevent infection and repair any damage. Many studies have been done to identify ways to reduce the incidence of this kind of mistake; however, even those precautions as simple as counting the surgical tools before and after surgery are often ignored.

Malpractice claims following thoracic surgery frequently stem from the failure to manage postoperative care adequately, which encompasses everything from monitoring for signs of infection or postoperative pulmonary complications (such as pneumonia or collapsed lung) to medication errors.

Notably, surgeons can take steps to reduce the risk of major postoperative complications by, again, carefully reviewing the patient’s history to identify potential risk factors (including advanced age or pulmonary disease), counseling the patient to take certain steps to reduce his or her chance of a complication (such as quitting smoking ahead of lung surgery), and anticipating problems so that postoperative care will be adequate and proper (for example, taking care to avoid overmedication resulting in too-shallow breathing and oxygen deficiency, or enlisting the assistance of a respiratory therapist).

In thoracic surgery, the most common procedures focus on treating conditions of the lungs, esophagus, chest wall, and mediastinum. Common procedures include:

1. Lobectomy: Removal of a lobe of the lung, typically for lung cancer treatment.
2. Pneumonectomy: Removal of an entire lung, often for advanced cancer cases where a lobectomy isn’t sufficient.
3. Wedge Resection: Removal of a small, wedge-shaped portion of lung tissue, usually to excise small tumors or diseased areas.
4. Esophagectomy: Removal of part or all the esophagus, commonly performed for esophageal cancer or severe esophageal disorders.
5. Thymectomy: Surgical removal of the thymus gland, often indicated in cases of myasthenia gravis or thymoma (thymus tumor).
6. Decortication: Removal of a restrictive fibrous layer around the lung, often performed to treat empyema (infection in the pleural space).
7. Pleurectomy and Pleurodesis: Removal of part of the pleura (lining of the chest cavity) or adhesion of the pleura to prevent recurrent pleural effusion or pneumothorax.
8. Mediastinoscopy and Mediastinotomy: Minimally invasive procedures used to biopsy or assess lymph nodes and other structures in the mediastinum for staging or diagnostic purposes.
9. Tracheal and Bronchial Surgery: Reconstruction or resection of parts of the trachea and bronchi, often for trauma, stenosis, or tumor removal.

These procedures can be performed through open surgery (thoracotomy) or minimally invasive techniques such as video-assisted thoracoscopic surgery (VATS) and robot-assisted thoracoscopic surgery (RATS), which can reduce recovery times and postoperative complications. Both of these types of surgery are effective and both come with risk of malpractice.

Common Thoracic Surgery Malpractice Claims

Thoracic surgery malpractice lawsuits often arise from the complexity and high-risk nature of surgeries involving the chest, lungs, esophagus, and surrounding structures. Common types of malpractice cases in thoracic surgery include:

1. Surgical Errors: Mistakes during surgery, such as accidentally puncturing the lungs, blood vessels, or other critical structures, can lead to life-threatening  and fatal complications like excessive bleeding, pneumothorax, or infections.
2. Anesthesia-Related Issues: Errors in administering anesthesia, a critical part of thoracic procedures, too often result in adverse reactions, hypoxia (low oxygen levels), or anesthesia awareness, causing long-term harm.
3. Inadequate Preoperative Evaluation: The patient needs to be physically and mentally cleared for surgery. Failure to adequately assess the patient’s health risks, like underlying lung or heart issues, will increase the risk complications during or after surgery.
4. Failure to Obtain Informed Consent: Thoracic surgeries have considerable risks, and patients must be fully informed of these. Medical malpractice cases arise if surgeons fail to adequately explain the risks, and there is a bad outcome. Doctors rarely give proper informed consent before surgery.
5. Misdiagnosis or Delay in Diagnosis: In cases like lung cancer or esophageal disorders, misdiagnosis or delayed diagnosis can delay necessary surgical intervention, worsening patient outcomes and reducing survival rates.
6. Postoperative Complications Management: Failure to monitor or manage complications such as infections, deep vein thrombosis (DVT), or pneumonia after surgery can lead to malpractice claims if these conditions go unrecognized or untreated.
7. Equipment Malfunctions or Misuse: Using surgical instruments incorrectly or encountering equipment failures can cause injuries to surrounding tissues, leading to malpractice claims.

Esophageal Surgery

The most common esophageal surgeries are those used to treat GERD. One procedure involves completely removing the damaged portion of the esophagus (esophagectomy). Malpractice claims following this procedure stem from the aforementioned injuries to other organs during surgery, as well as leakage of the contents of the esophagus into the chest cavity resulting in damage to other structures and infection. Another routine surgical procedure on the esophagus, also used to treat GERD, is one in which part of the stomach is wrapped around the lower portion of the esophagus (fundoplication). Frequent mistakes particular to this procedure include excessive wrapping of the esophagus (resulting in gagging, bloating and difficulty swallowing), slippage of the wrap, perforated stomach or esophagus and nerve damage.

Cardiac Surgery

Although less common since Covid-19, heart surgeries ranging from the relatively minor placement of a pacemaker to the more major coronary artery bypass grafting, and/or valve repair or replacement are common procedures.

In addition to injuries sustained during surgery (damage to the heart itself, major vessels or nerves), a rising number of malpractice cases stem from unnecessary surgery—in particular, advising the patient and his or her family that surgery is the best option when, in fact, the right medication may actually have the same benefit as surgery with less risk of complications.

Mismanagement of medication following surgery is another common claim, often involving the use of too much or too little anticoagulants (blood thinners) resulting in clots or internal bleeding.

Other Thoracic Surgeries

Many types of thoracic surgery can now be accomplished with less invasive laparoscopic, video-assisted techniques, and robotic surgery (although the latter is not without problems). Although the pain and recovery time may be less extensive while accomplishing the same goals of traditional (open) surgery, such techniques are not without complications.

Thoracic surgery malpractice claims resulting from these types of surgeries include leaks, bleeding, wound infection, fluid buildup and subsequent infection in the chest cavity, pulmonary edema and deep vein thrombosis—all of which may result in prolonged hospital stays, pain and suffering, the need for additional surgeries, and even death.

When appropriate, thoracic surgery can be lifesaving. But when the surgical team falls short of the standard of care, the consequences can be devastating.

In so many malpractice cases, the injury or death could have been avoided had the surgeon simply followed well-established guidelines for assessing and minimizing the risk inherent in these types of procedures, or reacting appropriately when complications arose. Whether in the interest of time or money, or because of a surgeon&
rsquo;s poor judgment or lack of skill, the patient’s health is needlessly compromised with painful and long-lasting effects.

Thoracic Surgery Malpractice Verdicts & Settlements

• $4,000,000 Settlement (Philadelphia 2024): The plaintiff, a 64-year-old woman with a history of multiple stroke risk factors, reportedly underwent elective left lower lobectomy for treatment of early-stage non-small cell lung cancer. She required a bedside bronchoscopy for treatment of mucus plugs and was noted to be lethargic and difficult to arouse after the procedure, which was attributed to administration of Versed. Later that day, she allegedly showed worrisome neurological symptoms and was diagnosed as having suffered a severe stroke.
• $12,500,000 Settlement (Washington 2022): The plaintiff, 52-years old, underwent a lobectomy for treatment of lung cancer. During post-op recovery he was put on a BIPAP air system with a mask over his face. He vomited into his mask, developed aspiration pneumonia, sepsis, and ultimately had amputations of his lower arms and legs.
• $150,000 Settlement (Ohio 2022): The plaintiff suffered multiple corrective surgeries after undergoing an esophagectomy performed by the defendant thoracic surgeon. The plaintiff contended that the defendants were negligent for failing to refer the plaintiff to a specialist.
• $390,000 Settlement (Missouri 2022): A 73-year-old man died during thoracic surgery performed at a federally funded hospital. The lawsuit alleged that the defendants were negligent in failing to provide adequate assistance when bleeding was noted, failing to anticipate that this type of lung mass was likely to have adhesions to the lung and demanded gentle technique to avoid tearing of the blood vessels, cutting the pulmonary artery with a stapler, and failing to immediately call a vascular or cardiovascular surgeon experienced in treating or lessening blood loss.
• $1,083,000 Verdict (Pennsylvania 2021): A female suffered a brachial plexus injury when she presented to the male defendant physician for thoracic surgery with the assistance of the defendant anesthesiologist at the defendant hospital. The plaintiff contended that the defendant failed to properly perform the procedure, that she was negligently positioned during the procedure and that all the defendants failed to provide the standard of care. The defendants denied liability and contended that the plaintiff’s injuries were the result of an unforeseen complication.
• $3,200,000 Verdict (Texas 2019): A male lung cancer patient suffered from an infection in his pleural cavity after a pneumonectomy was performed by the defendant doctor, resulting in the necessity of a second surgery. The plaintiff contended that the defendant negligently failed to arrange for the plaintiff to take systemic antibiotics at the time of the surgery and failed to provide the standard of care. The defendant denied liability and contended that the proper standard of care was provided and that antibiotics would not have prevented an infection.
• $1,200,000 Verdict (New York 2018): This wrongful death action was brought when a 69-year-old female died approximately 16 days after she underwent a total left pneumonectomy that was performed by the defendant, a thoracic surgeon. The lawsuit alleged that the defendants failed to diagnose the decedent’s abdominal symptoms after he negligently perforated the decedent’s bowel, resulting in extensive bowel necrosis and then sepsis and multi-symptom organ failure.
• $1,000,000 Settlement (Virginia 2016): A 50-year-old male suffered the loss of two lower lobes of his lung, and adult respiratory distress syndrome, resulting in an electromechanical disassociation and a cardiac event, causing a hypoxic injury, resulting in the loss of higher cognitive reasoning, when the defendant doctor’s performed an unnecessary thoracic surgical procedure and failed to give adequate post-operative care.

Getting a Thoracic Surgery Malpractice Lawyer

Our malpractice lawyers handle surgical malpractice cases involving death or serious injury. If you or a loved one have sustained a serious injury as a result of a negligent doctor or health care provider, call our malpractice attorneys at 800-553-8082 or get a free online consultation.

More Information on Medical Malpractice Claims

• Overview of Surgical Malpractice Case in Maryland)
• $1 Million Verdict for Our Client (news article on one of our recent verdicts – surgical malpractice)
• Verdicts in Surgical Malpractice Cases (average verdicts)
• Information on the Value of Medical Malpractice Cases
• In 2024, many GERD patients have filed a Zantac lawsuit alleging the medication for GERD caused their cancer
• Overview of medical malpractice claims in Maryland)