If you are facing an injury that requires surgery and post-op treatment, you may be experiencing a lot of anxiety and uncertainty about the situation. From surgical concerns and risks to post-op outcomes and recovery time, it is understandable to be nervous about surgery.
Patients can be harmed when medical providers make errors, make improper decisions, or are negligent in diagnoses or procedures. Regardless of what happened, you didn’t receive an acceptable standard of care.
The standard level of care is defined as the type and level of care that another competent healthcare professional with the same level of training and experience would give to a patient under the same circumstances.
If something goes wrong during your surgery, you face injury or complication or further damage post-op, your medical provider may have made a surgical error. This article will discuss what surgical malpractice is, how it may occur, and what to do if you experience surgical malpractice.
What Is Surgical Malpractice
As a type of medical malpractice, surgical malpractice involves both the burden of proof and the intent involved. Surgical malpractice refers to the improper, negligent, or illegal activity conducted by a medical professional during surgery that results in injury (or even death) of the patient. This is usually the fault of individual medical practitioners more than the institution.
Studies show that more than 4,000 surgical errors occur each year. The mistakes made during surgery that can be classified as medical malpractice are generally preventable.
It is important to note that not all surgical errors are considered medical malpractice. For a surgical error to be considered malpractice, the surgeon executing the surgical procedure must have deviated from the proper standard of care, and this deviation must directly and reasonably lead to the resulting damage.
Surgical mistakes go beyond the risks detailed in informed consent. Risks are something you are aware of, while surgical errors are unexpected.
How Do Surgical Errors Occur?
Every patient is unique, and every surgical situation is unique. But there are some common reasons that surgical errors can occur.
- Incompetence: While you might go into the surgery thinking you have the best medical professional around for your particular medical needs, maybe your surgeon hasn’t performed the surgery enough to be considered an expert.
- Poor Planning: Being well-prepared for surgery is one of the top priorities of a surgeon. Reviewing complications and risks that can occur, as well as preparing surgical tools and the operating space, are key planning steps that, unfortunately, can be missed.
- Poor Workflow: Taking improper steps or shortcuts during surgery can result in serious medical complications and surgical errors.
Examples of Surgical Malpractice
- Injuring a nerve or damaging a vein/artery near the surgical site
- Anesthetic or medication errors (improper dosage)
- Performing surgery in the wrong location (i.e., left knee vs. right knee)
- Leaving surgical equipment, like a surgical instrument, inside a patient
- Operating on the wrong patient altogether
What to Do If You Experience a Surgical Mistake
If you suspect that you have injuries or damage related to a surgical mistake, the first thing you should do is contact an experienced medical malpractice attorney. Even if the error is completely obvious, it’s still your job and the job of your legal team to prove that malpractice occurred.
The burden of proof falls on the patient and their legal team. You will need to show what the surgeon did wrong, what another competent medical professional with the same training and experience would have done in that situation, and the injuries directly attributed to the surgical error.
Filing a Surgical Malpractice Lawsuit
There are some basic steps you should follow if filing a surgical malpractice lawsuit.
- Contact a surgical malpractice attorney that is experienced in dealing with your type of injuries and malpractice.
- Contact the medical professional or surgeon directly to determine the injuries and damages caused by the surgical error. You’ll need a full medical assessment elsewhere to confirm a deviation in standard surgical practices that resulted in your injuries.
- Your attorney will then contact the medical licensing board for your state. The licensing board will give appropriate guidance on proceeding with your case and possibly disciplining the practitioner as they see necessary.
- Settlement or Court: Many medical malpractice cases reach a settlement before ever heading to a full court trial. A settlement may be more appropriate depending on the likelihood of persuading a jury with the evidence pooled with your attorney and other relevant sources. But, again, your attorney can guide you to the best option for your specific medical malpractice case.
Have Questions About Surgical Malpractice? Turn to Attorney Steve Newman
Surgical malpractice is a serious matter that should not be taken lightly. Patients affected by surgical errors should take the necessary steps to protect their rights and seek the compensation they deserve. It is essential to seek out experienced legal counsel and to be proactive in gathering evidence that can be used to build a strong case.
Licensed to practice law in state and federal courts in both New York and New Jersey, Attorney Steve Newman has represented clients in all 50 states for over three decades and is prepared to represent you in winning your case.
Practicing law in medical malpractice, personal injury, construction litigation, and more, Steve Newman utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney committed to you and your claim.
