Surgical errors account for a large number of medical malpractice lawsuits. What does the law say about these types of cases? How can you protect yourself if you are the victim of a surgical error? This blog post will provide an overview of the laws surrounding surgical mistakes in the United States.
What is a surgical error?
Surgical errors are a type of medical malpractice. Any act or omission committed by a healthcare professional that does not meet the accepted standard of care and causes harm to the patient is considered medical malpractice.n order to succeed in a medical malpractice lawsuit, the plaintiff must prove that the healthcare professional breached their duty of care and that this breach resulted in the plaintiff’s injuries. There are many different types of surgical errors. Some common examples include:
Wrong site surgery
Wrong site surgery is a severe and potentially life-threatening error that can occur during any surgical procedure. While the exact incidence of wrong site surgery is unknown, it is estimated to occur in approximately one out of every 100,000 surgeries. The most common risk factors for wrong site surgery include poor communication among surgical team members, inadequate pre-operative planning, and distractions during the procedure.
Wrong procedure surgery
Wrong procedure surgery can happen when the surgeon misreads the chart or fails to double-check which procedure is being performed. In some cases, the error is not discovered until after the surgery has been completed.
Operating on the wrong patient
Operating on the wrong patient can occur when the surgical team fails to verify the patient’s identity before surgery. Sometimes, the patient may be erroneously identified due to similar names or other factors. Once the mistake is discovered, the surgery must be immediately stopped so that the correct procedure can be performed on the right patient.
What you can do
So what happens if you or a loved one is the victim of a surgical error? The first step is to seek medical attention. If the patient dies because of the error, then the family might want to think about filing a wrongful death lawsuit. This lawsuit is something that lets families who have had somebody die because of someone else’s actions get money from them. It’s a civil action, which means it happens in court and not through some other process.
To succeed in a wrongful death lawsuit, you need to consult a criminal death lawyer who can help you navigate the legal process. They are experienced in handling these cases and can help you recover the compensation you deserve.
What is the process?
If you or a loved one has been the victim of a surgical error, you may wonder what the process is for filing a medical malpractice lawsuit. Here is a step-by-step guide:
Consult with a medical malpractice lawyer
The first step is to consult with a medical malpractice lawyer. They will review your case and determine if you have a valid claim. If they believe you have a chance, they will represent you in court and help you recover damages.
File a complaint with the state medical board
If the lawyer decides to take your case, they will file a complaint with the court. This is a formal document that outlines your claim and names the defendants.
Obtain the patient’s medical records
The next step is to obtain the patient’s medical records. This will be used as evidence to support your claim. You can get these records from the hospital or doctor’s office where the surgery was performed.
File a notice of intent to sue
Once you have gathered the necessary evidence, you must file a notice of intent to sue. This is a formal document that tells the defendants that they are planning to file a lawsuit.
Have the case reviewed by a medical expert
The next step is to have the case reviewed by a medical expert. This is someone familiar with the type of surgery that was performed. They will review the medical records and give their opinion on whether or not the surgeon was negligent.
File a lawsuit
If the medical expert believes that the surgeon was negligent, then you can file a lawsuit. This is a formal document that outlines your claim and requests damages.
Go to trial
If the case goes to trial, a judge or jury will hear the evidence and decide whether or not the surgeon was negligent. If they find that the surgeon was negligent, then you will be awarded damages.
The bottom line
Medical surgery is a serious matter and should only be performed by a qualified surgeon. If you or a loved one has been the victim of a surgical error, you may be able to file a medical malpractice lawsuit. Do not be afraid to ask for help from a medical malpractice lawyer to ensure that you are able to get the compensation you deserve.
