Do I Have an Option When Posed with Surgical Errors in a Hospital?
October 18, 2021
Surgical errors are preventable mistakes that occur during surgery. Depending on the kind of surgical error that you or your loved one suffered, you may have the option of filing a medical malpractice lawsuit. Tommy Hastings is an experienced medical malpractice attorney with a diligent legal team that can evaluate your unique claim.
Not all surgical errors qualify as medical malpractice incidents. If you have undergone any kind of surgery, you know you must sign a consent form before undergoing the procedure. Consent forms are necessary because all surgeries involve an element of risk. Read on to learn more about what kind of surgical errors constitute medical malpractice and your way forward if you are a victim of such a surgical error.
When Does a Surgical Error Amount to Medical Malpractice?
Simply because a surgical error occurred does not mean that any parties involved are liable for medical malpractice. An experienced medical malpractice lawyer will tell from the facts of your case if you have a medical malpractice lawsuit.
For a surgical error to constitute medical malpractice, it has to be proven that the surgical error occurred because of negligently substandard care and that the mistake caused you substantial harm.
When Does a Surgical Error Not Amount to Medical Malpractice?
A surgical error will not be considered to be medical malpractice where the standard of care you received was within the accepted standard of care in the medical profession. The surgical error is not medical malpractice in cases where the professional inflicted no harm on you.
A patient cannot file a medical malpractice suit against the healthcare professional in such circumstances, no matter the surgical errors claimed.
Does My Surgical Error Fall Below the Medical Standard of Care?
When examining whether the surgical error you suffered meets the threshold of the standard level of care imposed on all medical professionals. Your legal team will aim to prove that your surgical team did not provide the type and level of care that prudent ordinary health care professionals with similar training and experience would have provided under similar circumstances.
Simply put, you will need to prove that in making the alleged surgical error, your surgeon acted in a way no other reasonable surgeon would have. Your lawyers can rely on medical expert witnesses to evaluate the acts and omissions of your surgeon against the prevailing industry standard.
Examples of Surgical Errors That Often Constitute Medical Malpractice
Surgical errors occur with a surprising frequency and variety. Of the various wide-ranging surgical errors, those almost always constitute medical malpractice because of the apparent negligence or poor expertise.
These include leaving surgical equipment in a patient’s body, administering incorrect amounts of medication, operating on the wrong patient, operating on the wrong body part, injuring a nerve during the surgical procedure, performing an incision on the wrong body part, using the wrong surgical tools or technique, etc.
Causes of Surgical Errors That Prove Medical Malpractice
A unique set of circumstances causes every surgical error. Your lawyer will explain that some causes of surgical error, once proven, will solidify your medical malpractice case. Common causes of surgical errors include poor preoperative planning, improper technique, wrong surgical tools, and lack of proper communication amongst the surgical teams.
Healthcare professionals are often overworked and can fall prey to making errors due to fatigue. Surgical errors that are caused by intoxicated or negligent medical staff always constitute medical malpractice. Your legal team will explain the challenges of proving the cause of a surgical error and plan the best strategy for obtaining such information in your case.
Consult an Experienced Medical Malpractice Attorney As Soon As Possible
It is advisable to consult a reputable medical malpractice lawyer when you find out that you or a loved one was the victim of a surgical error. Most established lawyers offer free case consultations that you can take advantage of to determine if the alleged surgical mistake can win you any compensation in a medical malpractice lawsuit.
A reliable lawyer will be honest about the strength of your case and will not encourage you to pursue a frivolous lawsuit or make any promises they are not confident of delivering on. If you or a loved one has suffered a surgical error that you suspect amounts to medical malpractice, you should consult a professional as soon as you can. Acting fast is essential because medical malpractice lawsuits can only be filed within certain time limits of the actual event or its discovery.