According to recent reports by the Los Angeles Times as well as other news organizations in Southern California multiples patients at Cedars-Sinai Hospital in Los Angeles suffered severe infections after undergoing hear surgery. So far four patients at Cedars-Sinai have had to undergo further treatments including surgeries to repair the damage caused by the infections.
The cause of the infections have been identified as small tears in the surgeons latex gloves which were ‘routinely worn by the doctor’. According to the Los Angeles Times
the, “bacteria from a skin inflammation on his hand to pass into the patients’ hearts, according to the hospital.”
Who can be Held Liable:
According to general medical malpractice laws surgeons can be held liable for injuries suffered by patients if their actions during the procedure in question deviated from other surgeons in his field. In other words if it was common practice for a surgeon with a bacterial skin inflammation to refrain from conducting procedures until the infection abated then the surgeon un question can be held as to have breached his duty.
: Another possible avenue for litigation may be a product liability lawsuit
against the manufacturers of the latex gloves for the small tears in the surgical glove which lead to the passing of the bacterial infection from the . There are several different causes of action here including (1) Defect in the design of the latex gloves (2) Defect in the manufacturing process of the glove so the item distributed to hospitals were markedly different and as a result posed a greater danger to the general population. (3) Warning Label Defect: also referred to as labeling defect.
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