Medical Malpractice: Surgical Injury
Every time a surgery is done, it carries with it inherent risks that patients have to live with. Any surgery is potentially risky, and this is why it should always be the last course of treatment. All other possible treatments are usually exhausted before doctors decide that a surgery is needed. But there are some cases that really require surgery, and it is the responsibility of the surgeon and medical staff to ensure that the procedure is done properly.
When negligence causes surgical injuries, you can seek the help of a medical malpractice lawyer to file a lawsuit and ensure that you get proper compensation. Depending on how serious the surgery is, the injury that a patient can suffer from can also be really serious and potentially even fatal. This is why having a medical malpractice lawyer by your side is critical.
Most Common Types of Surgical Injury
There are so many kinds of surgeries that a person can go through, so the surgical errors that could happen are also varied. There are so many different kinds of injuries that you could potentially suffer from, and it’s best to be aware of all of these before deciding to go for surgery.
While a patient has no control over the possible errors that medical staff can make, it’s still good to be extra careful and wary. Here are the most common types of errors that can result to surgical injuries:
Before the surgery even happens, your doctor should ask for your thorough medical history. This is crucial because if you have allergies, prior illnesses, or current medication that will interfere with some of the procedures and medicine that will be used during the surgery, it could cause a lot of problems.
The patient must also be advised of ALL potential risks associated with the surgery even before it happens. Failure to do so may result to false expectations and wrong decisions. The failure of the doctor to recognize some of the symptoms, as well as diagnose the condition properly, may also cause many problems. Apart from this, delaying the surgery too much could also cause the condition to worsen.
During the actual surgery, even more things can potentially go wrong. Any surgical operation usually takes place in a high-pressure environment, and if your doctor makes reckless decisions under this pressure then this could make things complicated. If you have unqualified or distracted doctors and staff, many problems could arise. One is the use of the wrong operating equipment, or conducting the surgery with equipment that may be unsanitary and faulty. This, as well as negligence in using some surgical tools could potentially lead to infections and complications – including damage to other internal organs. There are also cases when one of the members of the staff would close the incision and forget to remove surgical instruments like clamps.
Even after the surgery, there are still a lot of things that can go wrong. For instance, when the patient is discharged prematurely, unnecessary risks are taken and this could lead to complications. Post-operative care is also critical, and if this isn’t done properly then infections and complications could happen. The lack of follow-up and guiding instructions after the surgery could also be grounds for filing a case, especially when something bad happens as a result of it.
Considerations in Filing a Surgical Injury Case
Surgeons know that their work is inherently risky so a good surgeon would practice utmost care in doing the procedure. However, in cases when negligence was really done either by the surgeon or by any of the staff, and you suffer because of it – a medical malpractice case should definitely be pursued. In any medical malpractice suit however, there are a few things you must remember:
- Don’t even think of not hiring a lawyer.
You can’t pursue any claim of this kind without an expert lawyer by your side, because surgeons are heavily insured and rarely admit to medical malpractice. There’s too much at stake in cases like this, and this includes their reputation and entire practice. They will also have expert defense attorneys with them, so you’ll need to make sure you’re represented by someone with a lot of experience.
- Filing a medical malpractice claim is one thing. Winning it is another.
It’s easy to cry foul and say you want to file a medical malpractice claim. However, saying that your surgeon didn’t do his or her job properly is a very serious claim, and this means you’ll need really solid proof. If you believe that you are really suffering because of the negligence of your doctor, the staff, or even the hospital, then you must consult with a medical malpractice lawyer right away.
Your lawyer will take you through the process and do all the investigative work needed to prove that you really have a case. In order for you to win, your case must be really solid and your lawyer will have to prove a number of things. The first is that your doctor owed you a duty of care and he or she breached it. Another thing you have to prove is that it’s this negligence that actually resulted in your injuries. In medical malpractice cases, doctors can argue that your injuries have resulted from a number of other factors. Your lawyer will help you prove causality.
- The legal process can take time.
After your legal consultation and even when your lawyer has already agreed to pursue the case, it will take time for your lawyer to gather all the evidence – including medical records and whatnot. Once the medical malpractice case is filed, the entire process of negotiation, settlement, and possibly even a court hearing can go on for months and months. It’s best to level your expectations and just trust that your lawyer will do everything legally possible to help you win.
If you think you have a surgical injury case and you want to speak to expert medical malpractice lawyers to help you out, book a consultation with the Law Offices of Wolf & Pravato now.
Other articles you may be interested in:
Medical Negligence Case Examples
Understanding Medical Malpractice Statute of Limitations
How to Get Rid of Stress Before Surgery
Warning: Don’t Sue Your Doctor Without Reading This First