Surgical Error Attorney Fulton
Surgeries are complicated, high-skill procedures, and there is always some risk of injury. Sometimes, due to complications or risk factors, patients suffer injuries that were simply unavoidable. Other times, the surgeon commits some incompetent act and the patient suffers injury because of it.
Types of Surgical Errors
Surgical errors can occur during the surgery itself or during pre- or postoperative procedures. The law considers unnecessary or unwarranted surgical procedures to be surgical errors. Some specific types of surgical errors include:
- Failure to recognize complications after the surgery
- Damage to or cutting of a nerve during surgery
- Injury to the bowel following abdominal surgery
- Leaving behind foreign objects
- Failure to take a proper medical history, leading to complications
- Paralysis following surgery
- A doctor operating on the wrong part of the patient
- Perforation of the bowel or another organ
- Injuries to the spinal cord during surgery
- Failed cataract surgery
- Surgery that is delayed or prolonged unnecessarily
Proving Negligence in Cases of Surgical Errors
The primary aspect of a surgical error case is negligence. According to the law, negligence means that someone neglected a duty of care – this could be as a property owner or a child supervisor, but for malpractice cases, it is usually a health care professional, though it could also include medical device manufacturers. The courts consider surgeons negligent if they fail to perform at the appropriate standard of care. The quality of care a patient would have received from a responsible member of the same profession, with the same training, under the same circumstances is the standard by which the courts apply negligence.
If an error occurs during surgery but the patient suffers no harm from it, there is no case for a medical malpractice charge. Similarly, the courts will not consider a surgeon negligent if a complication happens during the procedure, but it is not the fault of the surgeon and the surgeon acts as any reasonably skilled surgeon would in the situation.
To win a case of medical malpractice for surgical error, the plaintiff (the one bringing the charges) must prove the defendant (person being charged) not only acted negligently but that the injuries suffered by the patient were directly caused by the surgeon’s negligence. Proving negligence – and that the negligence caused harm – usually requires the testimony of an expert witness.
Plaintiffs must also prove they suffered some measurable damage from the surgical error. Sometimes this is easy; if the error caused disfigurement, loss of some faculty, or other obvious injury. Other times the damage a person suffers cannot be so easily proved. Such cases require an experienced legal team.
Some states have special laws specifically pertaining to surgical errors. These laws can determine whether plaintiffs submit their claim of medical malpractice to a board that will: determine if the surgical error qualifies, if the plaintiff must acquire an affidavit from a surgeon in the same specialty as the defendant, attesting that the defendant breached standard of care and that it was the cause of the patient’s injury.
Surgical Errors Attorneys in Fulton, MD
In these cases, the medical malpractice lawyers at Discepolo Firm are ready to advocate for the patient’s right to fair compensation for the suffering, the medical bills, and the lost wages that another’s negligence caused. Discepolo is familiar with these laws in Maryland, and the surrounding states. Our legal practice extends beyond Maryland, so we understand the complexities of interstate cases.
If you or your family has suffered a surgical error and want to seek compensation, call on our compassionate team. Medical malpractice cases involving surgical errors have many complications, and you will need an expert in the specific laws pertaining to your case. We at Discepolo Firm have the expertise you need and are willing to pursue compensation for your injury aggressively.