Author: Shelby Benavidez 

Contributing Attorney: Zachary Tritico, attorney 

Most people have heard of medical malpractice, but not everyone understands how broad this category actually is. You may think a misdiagnosis or surgical instruments left insight of a patient is all there is. However, some medical malpractice cases don’t fit this stereotype – and they may shock you.  

This article is part of Shocking Medical Malpractice Cases, our limited series exploring real cases that show how medical errors happen and what patients can learn from them. The story of comedian Dana Carvey’s heart surgery and subsequent lawsuit shows how even routine procedures can go off-script and what that means for patients who assume “I’m in safe hands”. 

Dana Carvey’s Health Background 

In the late 1990s, Dana Carvey was grappling with serious heart problems. He experienced recurring angina, or chest pains, and underwent multiple angioplasties, which are procedures to open blocked arteries. 

Eventually, in March 1998, he opted for a double‐bypass operation to try to fix the underlying problem. He (somewhat jokingly) described the situation as “an advanced plumbing problem – they bypass a bad section of rotted-out pipe and reconnect using just the good sections.” 

That is pretty much what this procedure is.  They would bypass the blocked artery, restore blood flow, and Carvey could get back to his life and career, which, at that time, were still high-profile in the comedy world. 

Carvey’s Heart Surgery 

In the United States, there’s an average of half a million bypass surgeries performed every year with a 98% success rate. However, two months post-surgery, Carvey was still experiencing chest pain. A second opinion and further diagnostic work revealed that the surgeon had bypassed the wrong artery. He had attached the graft to a healthy diagonal vessel rather than the diseased, blocked artery, meaning the blockage remained untreated. 

The surgeon argued that Carvey had an “unusual anatomy” because one of his arteries was embedded in the heart muscle, which the surgeon claimed made identification difficult. Carvey’s attorneys believed it was negligence. Either way, what should have been a “standard” bypass became anything but. Carvey compared the incident to “removing the wrong kidney. It’s that big of a mistake”. 

Medical Malpractice: Recovery, Lawsuit, and Settlement 

Because the blockage was still present, Carvey had to undergo another angioplasty rather than another full open-heart surgery to correct the problem. 

The impact on Carvey was significant. He had to step back from work, turn down opportunities like commercials, TV series, game show appearances – basically, he lost a significant amount of income and momentum in his career. 

In 2000, he filed a medical malpractice lawsuit seeking $7.5 million in damages, which included things like lost income and recovery time. While the exact settlement amount is undisclosed, reports say the case was settled. Carvey said, “This lawsuit, from the beginning, was about accountability and doing everything I could to make sure that it wouldn’t happen to someone else. Both my wife and I are very satisfied with the outcome and bringing resolution to this case.” Reports share that the settlement was later donated to various charities. 

Why the Dana Carvey Medical Malpractice Case Still Matters Today 

1. The Duty of Care in the Operating Room 

Bypass surgery may be a common and well-practiced procedure, but common doesn’t mean casual. Surgeons have a profound duty to ensure every incision, every connection, and every graft is correct. In Dana Carvey’s case, overlooking the correct artery was a critical failure that could have cost him his life. Even the most routine surgeries demand the highest level of precision and care, because in medicine, “almost right” can still be dangerously wrong. 

In malpractice law, doctors are held to a certain standard of care, which is the level of caution and competence that other qualified professionals would exercise under similar circumstances. When that standard isn’t met, and harm results, negligence is established. 

2. Negligence Doesn’t Require Intent 

In this case, the surgeon didn’t intend to harm Dana Carvey, but intent isn’t what defines medical malpractice. The problem wasn’t that the doctor was intentionally doing anything wrong – it was carelessness. The surgeon failed to take the necessary steps to ensure that the artery being bypassed was the correct one; however, another physician was able to identify the mistake relatively quickly. 

That’s what makes this case so significant: it demonstrates that a reasonably skilled and careful doctor would have recognized the correct artery before proceeding. Failing to do so was a breach of the professional duty owed to every patient. Carvey’s surgeon may have believed he was doing the right thing, but belief doesn’t replace diligence. In medicine, good intentions can’t excuse preventable mistakes. 

3. Delay and Discoverability Matter 

After his surgery, Carvey continued to experience chest pain, which should have been a sign that something wasn’t right. Yet, for months, he was reassured that these were just normal “aftereffects” of recovery. Only after sharing his symptoms with another doctor did they realize that the bypass had been performed on the wrong artery. 

This kind of delay in discovery adds complexity to malpractice claims. The statute of limitations often begins when the error should have been discovered, but proving when that moment occurred isn’t always simple. Documentation, follow-up visits, and medical opinions all play a role in determining accountability. 

This story highlights the importance of self-advocacy. If symptoms don’t improve or something feels off, it’s critical to seek a second opinion. Not only is this vital for your health, but it could impact your ability to file a claim. A delayed diagnosis of negligence can change the entire trajectory of a case. 

4. How Medical Malpractice Can Affect Your Finances and Career 

Medical malpractice can disrupt someone’s entire life. For Dana Carvey, like many other victims, the consequences reached far beyond his physical pain. The botched surgery forced him into additional procedures, prolonged recovery, and missed professional opportunities. For someone whose career depended on live performance and stamina, that downtime meant significant lost income and momentum. 

Unfortunately, this is common in malpractice cases. Victims may miss extended time off work; they could lose their job or even the ability to work altogether. Emotional distress, loss of enjoyment of life, and diminished future earning potential are real and compensable harms under the law. 

When evaluating a medical malpractice claim, attorneys look not only at the act of negligence but also at how it affected the rest of the victim’s life. A surgical mistake might happen in a moment – but its impact can last a lifetime. 

5. Celebrity Medical Malpractice Cases Bring Attention to Patient Rights 

As a celebrity, Dana Carvey’s experience made headlines. While this experience was personal for him, the publicity behind it served a larger purpose. His story helped shed light on the uncomfortable truth that even the most respected surgeons and hospitals can make critical mistakes if they aren’t careful. 

High-profile cases like Carvey’s often raise awareness about medical accountability and patient rights. They remind the public that malpractice isn’t limited to anonymous names in court filings – it can affect anyone, regardless of fame, wealth, or access to top-tier care. 

We hope these stories offer a chance to educate the public about what medical malpractice really looks like. While we don’t intend to sensationalize these cases, we hope they serve as lessons in vigilance, accountability, and the value of having an attorney by your side when negligence leads to injury. 

The Dana Carvey Medical Malpractice Lawsuit: What Every Patient Should Know 

The Dana Carvey case serves as a vivid reminder that medical malpractice may not always look like what we expect. A surgeon bypassing the wrong artery might sound like a Hollywood plot, but it happened in real life to someone you might know. And the consequences were very real – physically, financially, and emotionally. 

If you underwent a medical procedure and your recovery isn’t going as planned, ask your don’t assume it’s normal. Be comfortable asking your doctor questions, or seek a second opinion from other doctors. Throughout your recovery, keep records of any treatment, names of doctors and surgeons, and diagnostic tests.  

Remember that you do not have to fight this alone. If you believe that your condition has worsened because of the negligence of your medical provider, reach out to a qualified medical malpractice attorney. They can help you determine if you have a valid case and guide you on your next steps.