Call a Louisville Incorrect Surgical Procedure Lawyer Today. Recovering from the careless error of a surgical team can be a long and expensive road for many patients. If a surgeon proforms the wrong procedure, a patient could develop an entirely new set of problems. If you have been harmed by a surgical error, the Sampson Law Firm can help. Our surgical error attorneys fight …
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If you have questions about whether a surgical error amounts to medical malpractice, you should speak with a lawyer who specializes in medical malpractice.
Medical malpractice is alarmingly common in the United States. In fact, a Johns Hopkins study found that medical errors kill more than 250,000 Americans every year, making it the third-leading cause of death behind only heart disease and cancer. If you believe you or someone you love were the victim of medical malpractice, contact Morgan & Morgan.
The types of surgical errors that can occur are wide-ranging as well. Here are some of the most common: 1 Injuring a nerve during surgery 2 Administering too much or too little medication, i.e. anesthesia error 3 Performing an incision at the wrong location 4 Leaving a piece of surgical equipment, e.g. sponges or instruments, inside a patient 5 Operating on the wrong body part 6 Operating on the wrong patient
Drugs/Alcohol – Some surgeons turn to drugs and alcohol to cope with the stress they sometimes face. Many people are shocked to think a surgeon would even consider entering the operating room under the influence of drugs or alcohol. It may be shocking, but it happens.
A general definition of the standard of care is: The type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.
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Poor Communication – Failure to communicate properly can result in a number of critical errors. For example, a surgeon may mark the wrong site for surgery, or fail to make sure all surgical equipment is properly onhand. There can also be miscommunication about proper dosage of a patient's medication.
The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. It is often said that there is no such thing as "minor" surgery. Whether you are having your appendix removed, or a quadruple bypass, any surgical procedure is a serious matter.
In other words, if the mistake did not fall below the medical standard of care, or you were not harmed by it, there is no malpractice.
Examples of emergency room negligence include: Misreading charts, x-rays, or MRIs. Failing to diagnose a condition. Making an incorrect or delayed diagnosis. Making medication errors.
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.
In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education.
Breach of Duty: The physician must have violated their duty to the patient.
Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.
Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.
One example involves a famous victim, actor Bill Paxton. His family is suing the hospital and surgeon they believe are responsible for his death after heart surgery. He had surgery to repair an aneurysm, but the family claims that the surgeon was incompetent in terms of such a complicated procedure and also that they were not given all the information needed to consent to it. Paxton died from complications after the surgery.
Medical malpractice occurs when a medical caregiver provides care that is below the accepted standard. For a surgeon and those other medical professionals involved in surgery, the consequences of not providing an adequate standard of care can be very serious. Surgical errors are often preventable and are often easily proven to be negligent.
Paxton died from complications after the surgery. Another example occurred in 2010 when a woman underwent a procedure to remove a benign cyst from one of her ovaries. Months later she suffered such a severe infection that she ultimately had to have all of her limbs amputated below the knees and the elbows.
There are many ways in which a surgery can go wrong, from minor issues to major, life-changing, or even fatal mistakes. A surgical error is not necessarily medical malpractice or if it is, it is not always the surgeon who is liable. In many cases, though, it is simple enough to prove that one of these errors that has led to harm and damages to ...
Some examples and causes of surgical error include: Performing surgery on the wrong part of the body; Performing unnecessary surgeries; Negligent use of surgical tools; Negligent sanitary preparation for surgery; Misreading or ignoring laboratory results; Failing to follow up with a patient after surgery;
An attorney can help an injured patient show the three essential elements necessary in a successful medical malpractice claim: breach of duty, injury, and damages.
Disregarding or not taking appropriate patient history. Unnecessarily delayed surgery, causing further complications; Negligently leaving surgical instruments, sponges, or towels in the patient; Failing to recognize symptoms, or misdiagnosing; Failing to advise a patient of all potential risks;
The statute of limitations in Florida only provides injured patients a certain amount of time to bring a medical malpractice suit, so it is important to contact an attorney as soon as an injury is discovered.
Before you launch a medical malpractice suit, you should know the difference between civil cases and criminal cases.
Have you recently undergone a procedure in which a surgeon made a mistake? Have you experienced a serious infection after your surgery?
Did you entrust your health to the care and expertise of a medical provider only to have them fail to treat you or select an improper treatment?
Your health and well-being are important. That’s why doctors have a duty to properly diagnose you.
Did your doctor prescribe you the wrong medication or diagnosis? Did they fail to tell you of any potential interactions with your other drugs?
Have you or your newborn baby suffered an injury as the result of childbirth ?
There are countless types of surgical errors that occur every day in hospitals and health care settings throughout the U.S. Some common examples include:
The Committee on Quality of Health Care in America estimates that 98,000 people die each year in the U.S. from medical mistakes that take place in hospitals, which is more than die from car accidents, breast cancer or AIDS. There are many different causes of surgical errors including the following:
There are accepted standards of care for the practice of medicine. When a doctor or another medical professional’s actions or failure to act violates the standard of care the consequences may be considered malpractice.
Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.
Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.
Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.