Tuesday, February 21, 2017

Surgical Errors that Can Lead to Malpractice Claims

Every surgery – no matter the type – has risks associated with it. Although surgeons generally take every conceivable measure to avoid mishaps during surgical procedures, mistakes still sometimes happen and serious injuries can result. When a surgeon makes a preventable mistake during surgery and personal injuries and damages occur, the injured patient may be able to bring a medical malpractice claim1 against the surgeon and/or the hospital or other treating facility.

If you have sustained injuries and damages as a result of a medical error, you may be entitled to legal compensation. Our experienced Clearwater medical malpractice attorneys have the necessary medical knowledge and legal expertise to assist you with your case every step of the way.

Types of Medical and Surgical Errors
Some of the most common types of medical and surgical errors that result in medical malpractice claims are as follows:

  • Surgeon Error – typically where the surgeon was incompetent or lacked the necessary medical knowledge, training, or experience
  • Neglect – typically where hospital staff failed to sterilize surgical instruments or equipment, resulting in a healthcare-associated infection2 or another injury
  • Poor communication – typically poor communication – or lack of communication – between the surgeon and hospital staff
  • Misdiagnosis or, in some cases, failing to recognize symptoms of distress
  • Poorly-Performed Surgery – including when a surgeon leaves a sponge, towel, or something else inside of a patient prior to completing the surgery
  • Surgeon fatigue – usually from surgeons working long shifts and working for long periods without sleep
  • Failing to inform patients of potential surgical risks
  • Performing unnecessary surgeries – including performing a surgery on the wrong body part or performing an unnecessary procedure to which the patient did not consent
  • Premature discharge – including failing to follow-up with the patient post-surgery

Basis for a Medical Malpractice Claim
In order for an injured patient to prove that a surgeon committed medical malpractice, he or she must prove a breach of the applicable standard of care. A surgeon is held to the standard of care of a reasonable surgeon acting under the same or similar circumstances. An injured patient must establish – usually through expert testimony – that the surgeon breached this standard of care, approximately resulting in injuries and damages.

Potential Damages Available in Medical Malpractice Cases
When a surgeon commits medical malpractice, injured patients may be entitled to recover some or all of the following types of damages:

  • Payment of medical bills
  • Compensation for time missed from work
  • Compensation for past, present, and future pain and suffering
  • Payment for future corrective procedures or surgeries
  • Compensation for mental anguish and emotional distress
  • Compensation for loss of consortium or spousal support

Contact a Clearwater Medical Malpractice Attorney Today to Discuss Your Case
Despite all of the protocols in place, surgical errors are still all too common, and the results of medical mistakes can be devastating and costly. Our experienced medical malpractice attorneys will be able to review your case and symptoms with you in detail, and seek recovery for your injuries and damages on your behalf.

You can contact the experienced medical malpractice attorneys at Dolman Law Group by calling 727-451-6900, or contact us online.