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Surgical Errors: How Medical Malpractice Law Protects Patients

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Surgical Errors: How Medical Malpractice Law Protects Patients

Surgical Errors: How Medical Malpractice Law Protects Patients

Undergoing surgery is often a scary experience. Patients trust medical professionals with their lives, expecting that they will receive the highest quality of care. Unfortunately, as much as medical professionals are trained and experienced, errors can still happen during surgeries. These errors can lead to devastating consequences such as prolonged hospitalization, additional surgeries, and even death. If you or a loved one has suffered harm as a result of a surgical error, it’s important to understand how medical malpractice law can protect your rights and help you seek the compensation you deserve.

Medical Malpractice Explained:

Medical malpractice is a branch of law that covers the negligence of healthcare providers. Medical malpractice occurs when a healthcare professional or institution fails to provide the appropriate standard of care, resulting in injury or harm to the patient. Medical malpractice law provides a way for patients to seek compensation for their injuries and hold healthcare providers accountable for their actions. 

Surgical errors are one of the most common forms of medical malpractice, and they can include a wide range of mistakes. Surgical errors can be caused by a variety of factors, including a lack of communication between medical professionals, failure to properly prepare for surgery, inadequate training of medical staff, and a lack of attention to detail during surgery.

Some Common Types Of Surgical Errors Include:

  • Wrong site surgery: Operating on the wrong part of the body.
  • Wrong patient surgery: Surgery performed on the wrong patient
  • Leaving foreign objects inside the patient: This can include surgical tools, sponges, or other objects that were accidentally left inside the patient’s body after the surgery.
  • Nerve damage: Nerves damaged during surgery can lead to pain, numbness, weakness, paralysis, and other serious consequences.
  • Anesthesia accidents: Include administering too much or too little anesthesia and failing to properly monitor the patient’s vital signs during the procedure.
  • Improper sterilization of equipment or using defective medical equipment: Failure to properly sterilize equipment or use proper surgical techniques can lead to infections.
  • Infection: Surgical sites are at risk for infection, and if proper precautions are not taken, patients can develop serious infections that can be life-threatening. 
  • Administering incorrect medications or dosages

Surgical errors can result in serious injuries, such as nerve damage, organ damage, brain injury, infections, internal bleeding, and even death. When a patient suffers from a surgical error, they may be entitled to compensation for damages such as medical bills, lost wages, pain and suffering, and other losses. Medical malpractice law is designed to protect patients from the financial burden and emotional trauma that can result from doctor negligence.

Establishing a Medical Malpractice Claim:

When surgical errors cause harm to patients, medical malpractice offers them legal protection and recourse. Medical malpractice law is a branch of personal injury law that holds medical professionals accountable for any actions that fall below the accepted standard of care.

To prove medical malpractice, patients must show that a medical professional had a duty to provide care, that they breached that duty by acting negligently or recklessly, and that this breach caused the patient’s injuries or damages. In the case of surgical errors, patients must show that the surgeon or other medical professional made an error that was preventable and that it caused the patient harm.

In a surgical error case, this might involve demonstrating that the surgeon or other medical professional was negligent in performing the procedure or that they failed to follow standard safety procedures. It may also require expert testimony to establish the extent of the patient’s injuries and the economic and non-economic damages suffered.

How Can a Medical Malpractice Lawyer Help?

Navigating the complex legal landscape of a medical malpractice claim can be challenging, especially when dealing with the physical and emotional toll of a surgical error. A skilled medical malpractice lawyer can help protect your rights and advocate on your behalf, including: investigating the circumstances surrounding the surgical error; identifying liable parties and gathering evidence to support your claim; engaging medical experts to testify about the standard of care and the extent of your injuries; negotiating with insurance companies and defendants for a fair settlement; and representing you in court if a settlement cannot be reached.

Contact The Law Offices of Andres, Berger & Tran Today For a Free Consultation About Your Medical Malpractice Case

At The Law Offices of Andres, Berger & Tran, we understand the pain and suffering that can result from a surgical error or other medical malpractice. That’s why we are dedicated to helping patients and their families seek justice and compensation for their damages. We provide personalized legal guidance and representation to help clients navigate the complex legal system and recover the compensation they deserve.

With our extensive knowledge of medical malpractice law, we are equipped to handle a wide range of cases, including surgical errors, anesthesia accidents, and hospital malpractice claims. We work tirelessly to hold healthcare providers accountable for their negligence or incompetence, and we are committed to helping our clients move forward with their lives.

If you or a loved one has suffered harm due to medical malpractice, don’t wait to seek legal guidance. Contact us today to schedule a free consultation and learn more about your legal options. We are here to fight for your rights and help you obtain the justice and compensation you deserve.

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