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surgical error lawsuit cases
  • How Do You File a Medical Malpractice Claim for Surgical Errors?

Featured Image Caption: Surgical Error Lawsuit Cases

The medical field has come a long way since the medieval days. Today, we have the science and technology to cure many ailments that would have killed people just 50 years ago.

Advances in healthcare have allowed people to live into their 80s and beyond. Vaccines have eradicated many viruses that have killed millions of people since their inception.

However, with new surgical techniques and procedures come a new set of risks and complications. Surgeons have years, if not decades of experience performing operations, but accidents do happen every now and then.

Most errors are minor and can be rectified while the operation is still underway. However, sometimes a botched surgery can cause very serious complications. In some cases, the patient may even die during the operation or from postoperative complications.

If you or someone that you love have been the victim of medical malpractice then you should file a medical malpractice claim for surgical errors. You deserve justice, and we will help you file a claim so that you can be compensated for your pain and suffering.

Why is Surgical Error Deemed a Malpractice?

Every surgery comes with a unique set of risks. Before the surgery is actually performed you will be asked to sign a document that stipulates that you are aware of the possible risks and complications that may be incurred as a result of your procedure.

In most cases, surgical errors are caused by negligence on the part of the surgeon. The surgeon may have also been intoxicated or inebriated while performing the surgery, or they may have not followed the proper hygiene protocols during the operation.

Whatever the case may be, a surgical error is deemed a form of medical malpractice, which gives you the right to take legal action against the surgeon, clinic, hospital, and/or medical staff.

What Causes Surgical Errors?

Surgical errors can occur for a variety of reasons. Every surgeon is different, and so is every clinic and operation. Below are some of the most common surgical errors that may result in a medical negligence claim.

Inadequate planning before the operation actually takes place can cause a myriad of complications during and after the surgery.

Inadequate procedures and a lack of proper tools and supplies may also lead to surgical mistakes.

Poor communication between the surgeon and their medical support team can cause very serious problems, including the death of the patient in some rare cases.

Neglect and/or fatigue can also cause a surgeon to botch the operation. Some surgeons work three or four consecutive shifts during particularly difficult periods, which can cause burnout or even a complete nervous breakdown.

There have also been cases of surgeons who have performed operations while under the influence of drugs and/or alcohol. The surgeon may be addicted to drugs and alcohol, or they may be dealing with severe depression due to marital problems.

Examples and Complications of Surgical Errors

During an operation, a nerve may be injured or severed, which may cause a numbing sensation, paralysis, and other neurological issues depending on the extent of the injury.

The anesthesiologist may also make a mistake in terms of administering the proper dose of anesthetic.

For example, they may use too little anesthesia, which may cause the patient to wake up during the operation, or they may have administered too much, which may cause the patient’s heart to fail.

Making a cut or incision in the wrong site is also a fairly common surgical error. Surgical tools are also sometimes left inside the patient after they are sewn up. For instance, the surgeon may leave a sponge, scalpel, or Junior Mint inside the patient before closing up the cavity.

Also, while it may seem absurd to some skeptics, there have also been documented cases of surgeons performing surgery on the incorrect organ, and even cases of surgeons performing surgery on the wrong patient!

The complications of a botched operation can be minor in some cases. However, they can also be quite severe, and may even cause permanent damage and even death.

Damage to the nerves may ensue, which may make it hard for the patient to move their extremities as intended. The patient may even develop an infection after the surgery that may prove fatal.

Internal organ dysfunction or failure may occur, which may necessitate additional operations in order to rectify. Internal hemorrhaging may result in the disfigurement or death of the patient as well.

If the patient develops scars then they may never heal. The patient’s self-esteem may suffer as a result, and they may become depressed. If the patient becomes disabled due to a botched operation then their quality of life will never be the same.

Evidently, if the patient dies during the operation then their life will be cut short, and the lives of their loved ones will be drastically changed for the worse.

What a Medical Malpractice Claim May Entail

The expenses for any additional medical expenses that result from the botched operation may be covered. You may also be compensated for physical therapy and counseling sessions, as well as for assistive healthcare implants, out-of-pocket medication expenses, and other essentials.

The mental anguish and suffering that you and your loved ones had to endure as a result of the botched surgery may also be factored into your medical malpractice claim.

You may also be compensated for the lost earnings that you had to deal with due to the time that you had to take off. Some patients may become permanently disfigured and/or disabled due to a botched operation, and may never be able to work again.

Filing a medical malpractice claim is a long, arduous, and complicated process. Hiring a qualified medical malpractice lawyer will dramatically improve your odds for victory.

You deserve to be reimbursed for the pain, suffering, lost earnings, and medical costs that you have to deal with as a result of your surgeon’s negligence or incompetence.

Jessica Coates

By Jessica Coates
who is a blogger in Toronto. She graduated with honors from the University of British Columbia with a dual degree in Business Administration and Creative Writing. Jessica Coates is a community manager for small businesses across Canada. When not working, she leisurely studies economics, history, law and business solutions.

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