Surgeon Ali Khoynezhad performed heart surgery on Paxton, 61, in February of past year to fix an aortic aneurysm and repair a heart defect.
His widow Louise Paxton, son James, daughter Lydia and his estate filed suit late last week in Los Angeles Superior Court, alleging wrongful death, negligence and battery on the part of cardiovascular surgeon Ali Khoynezhad and Cedars-Sinai Medical Center.
The complaint states that Paxton and his family members put their trust in the doctors and staff members at Cedars-Sinai, but the medical facility betrayed their trust.
The family claims Khoynezhad and Cedars-Sinai "misrepresented and/or concealed information relating to the risks of surgery and care that would be provided and/or failed to adequately explain the proposed treatment or procedure", and also "failed to disclose that Khoynezhad was going to use a high risk and unconventional surgical approach with which he lacked experience and which was, based upon information and belief, beyond the scope of his privileges".
Paxton's death certificate officially lists his cause of death as stroke after heart surgery. In an interview with Marc Maron's "WTF" podcast, which dropped a week before his surgery, Paxton said he had suffered a bout of rheumatic fever as a seventh grader growing up in Fort Worth.
The suit filed on February 9 against Cedars-Sinai Medical Center alleges the surgeon used a "high risk and unconventional surgical approach" that was unnecessary and that he lacked the experience to perform.
Attorney Steve Heimberg says in the release that Khoynezhad recommended that Paxton undergo surgery which the complaint contends was unnecessary.
According to the family, Khoynezhad had already left the operating room, which created a delay in treating the damage.
In addition to "Apollo 13" and "Titanic", Paxton also appeared in "The Terminator" and "Twister" and starred on the HBO series "Big Love".