If you're thinking about taking legal action over harm caused by a potentially unnecessary surgical procedure, it may be time to discuss your situation with a lawyer and determine your best course of action.
Your attorney will look for all the parties who may be liable, meaning legally responsible, for your injuries. Besides the surgeon, you may have a case against the hospital, the pathology lab, a medical device manufacturer, and more.
If you suspect something went wrong during your surgery, and you are physically able to, an important step is to get a second opinion from another physician. Another physician may be able to provide guidance regarding whether the first doctor was negligent.
As a victim of surgical malpractice, you have two kinds of legal options. Either you can file a complaint with the state medical board, or file a medical malpractice lawsuit. Patients can file a complaint with the medical board without an attorney.
Make a Formal Complaint You should also consider making a formal complaint against the hospital or physician that made the error. If it was the hospital that made the error, consider contacting the hospital's accrediting body, such as The Joint Commission or the California Department of Health.
The Mistake Will Be Rectified Usually, the surgeon that has made the mistake will not perform another operation on the patient and a colleague will take over. This is to ensure that everything goes smoothly and to protect both the patient and the hospital.
Medical malpractice law states that if an injury or death occurs because of a surgical error, and negligence or inattention caused the error, the victim can file a surgery complications lawsuit and recover damages if the error could have been prevented.
A surgical error can be defined as an injury caused by a mistake made during a surgical procedure, that is not a known risk of the procedure, that could have been avoided through proper training, protocol and execution of the procedure.
Common Surgical Errors Unnecessary or inappropriate surgeries. Anesthesia mistakes, such as using too much or not being mindful of a patient's allergies. Cutting an organ or another part of the body by mistake. Instruments and other foreign objects left inside patients.
Surgical Malpractice. A type of medical malpractice, surgical malpractice refers to improper, negligent, or even illegal activity conducted by a surgeon, anesthesiologist, or any other medical professional during surgery that results in injuries to a patient.
A botched surgery may constitute malpractice if one or more of the medical professionals involved in the procedure were negligent. Legally, negligence is medical treatment that falls below the standard of care.
Instead, for a surgical error to be considered malpractice, the surgeon performing the surgical procedure must fail to follow the appropriate standard of care, and the failure must be the actual and proximate cause of the harm.
When a doctor makes an unavoidable mistake that another doctor would have made in the same circumstances, it's just a mistake. However, if they made a mistake as a result of negligence, it's called medical malpractice.
The operating room can be the site of preventable accidents that seriously injure the patient. Operating room negligence may include failing to prep the patient, follow established sterilization techniques, or use the proper safety belt to strap the patient to the table.
If the surgeonshowed up to the operation in an unfit state or did not properly follow their brief for it, then they may end up amputating the wrong limb or extremity or removing perfectly healthy organs. In such an instance, the surgeon alone may be held accountable.
In the United States, 12 million people are affected by medical diagnostic errors each year. An estimated 40,000 to 80,000 people die annually from complications from these misdiagnoses. Women and minorities are 20 to 30 percent more likely to be misdiagnosed.
To avoid surgical errors, the surgeon must: 1 Have the training and experience to perform the procedure safely 2 Communicate effectively with members of the surgical team 3 Perform surgery on the correct body part 4 Account for all surgical tools and sponges before closing
Rickie Huitt was the victim of one medical mistake after another. Huitt was diagnosed with prostate cancer based on the pathologist’s review of tissue samples. In April 2017, Huitt underwent surgery to remove a cancerous prostate.
Sharon Zawatski went to the emergency department with pelvic pain from what appeared to be a large cyst. Dr. George Valenta operated, and after confirming the cyst was cancerous, proceeded to perform a total hysterectomy and removal of both ovaries and fallopian tubes.
Most surgeries are successful, but sometimes things go wrong, and it’s not always directly related to the surgeon. Wrong site surgery occurs when the surgeon operates on the wrong part of the body. Healthy organs may be wrongfully removed, or limbs unnecessarily amputated.
Most procedures involve a surgical team, consisting of an anesthesiologist, primary surgeon, first surgical assistant, primary operating room nurse, scrub nurse, and circulating nurse, each of whom performs a separate function.
Unnecessary surgery happens when a patient is misdiagnosed, when the surgeon is incompetent, when the surgeon misrepresents the need for surgery, or when the surgeon convinces the patient they need more extensive surgery than is medically required.
Unfortunately, experts believe that medical errors are the third leading cause of death in the United States. ¹. Surgical malpractice is when a patient is harmed by the negligence of a surgeon, anesthesiologist, surgical nurse, or other medical staff involved in a surgical procedure. It occurs when a medical professional “deviates from ...
Some examples of surgical errors that cause a failed surgery include: 1 Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. 2 Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it. 3 Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. 4 Anesthesia errors, where either too much or too little anesthesia is used. 5 Injuries to nerves or other internal organs when the surgeon causes damage with their instruments. 6 Infection caused by instruments that were not cleaned or sanitized properly. 7 Unnecessary surgery that a patient did not need and ended up harming them.
Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. Anesthesia errors, where either too much or too little anesthesia is used. Injuries to nerves or other internal organs when the surgeon causes damage with their instruments.
A successful medical malpractice claim will be supported by strong evidence. One of the most important pieces of evidence will be the patient’s medical record. It will show their condition before the failed surgery or other alleged negligence, as well as any diagnoses or treatment received.
A failed surgery is one in which a surgical error was made. A surgical error is a mistake made during surgery that could have been prevented. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery.
Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it.
Damages might include physical pain, mental anguish, additional medical costs incurred because of the injury, or lost wages due to an inability to work.
Negligence: The doctor was negligent, or failed to meet the standard of care for a physician in their specialty. The doctor caused you harm because they did not perform in a reasonably skilled manner. Negligence caused the injury: You must prove that the doctor’s negligence was more likely than not the cause of the injury.
Medical mistakes during surgery can occur when a doctor, nurse or hospital staff fail to give their full attention to the patient they are operating on. This can result in the wrong procedure being performed, medical supplies used during the surgery being left inside of the patient, or a failure to promptly and properly react when unanticipated problems arise.
When a mistake occur during surgery, the patient on the operating table can suffer severe and debilitating injuries.
When a surgical error occurs which results in a serious injury which could have been prevented, the patient and their family should not be responsible for the damages that are suffered.
Some attorneys take a broader approach to the cases they take – or they may have a firm that specializes in one type of law, with expert lawyers for each specific area.
As it was mentioned before, if you case is self-explanatory for the most part, then there may be no need to pay significantly more for an attorney with a more specialized area of expertise.
When it comes to trying to pick the right attorney for your case you may feel a little overwhelmed – and that’s perfectly normal. Having the right attorney can mean the difference between getting the outcome you’re hoping for, and getting quite the opposite and being disappointed and out thousands of dollars on a lost court case.
In fact, lawyers often help clients in matters that have nothing to do with disputes. For example, people might seek their lawyer’s advice on legal aspects of starting a business or engaging in a partnership, when buying or selling a home, or for information and advice on tax matters or estate planning. Some clients receive regular legal checkups ...
There are many ways to solve a grievance without resorting to lawyers. If you believe a business has cheated you , you may get help from a consumer protection agency run by your city, county, state, or federal government. Many businesses, stores, and utility companies have their own departments to help resolve consumer complaints. Some communities have an ombudsman, a government official whose job is to mediate and resolve minor landlord/tenant, consumer, or employment issues. Local television and radio stations may have programs to resolve consumer - related disputes.#N#Most states also have dispute resolution centers. These centers, which may be known as neighborhood justice centers or citizens’ dispute settlement programs, specialize in helping people who have common problems and disputes. Their services are often available for a small fee, or even at no cost.
There are many reasons that an individual might consult a lawyer. Some of the most common legal matters taken to lawyers involved: 1 real estate transactions 2 drawing up a will 3 as a party to a lawsuit 4 divorce/separation 5 probate/estate settlement matters 6 child support/custody matter 7 draw up an agreement/contact
Some communities have an ombudsman, a government official whose job is to mediate and resolve minor landlord/tenant, consumer, or employment issues. Local television and radio stations may have programs to resolve consumer - related disputes. Most states also have dispute resolution centers.
These centers, which may be known as neighborhood justice centers or citizens’ dispute settlement programs, specialize in helping people who have common problems and disputes. Their services are often available for a small fee, or even at no cost.
Most states have procedures that allow people to represent themselves in small-claims court if the total amount of their claim is under a certain dollar amount—such as $2,500. The cost is minimal, procedures are relatively simple, and there is usually little delay.
a change in financial status such as obtaining or losing valuable personal property or real estate, starting a business, or filing for bankruptcy.
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.
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.
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.
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.
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.
The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.
A surgical procedure can ultimately prove to be unnecessary in a variety of situations, but those that most often lead to a finding of medical malpractice involve: 1 a procedure stemming from a misdiagnosis that amounted to medical negligence 2 surgeries that lack informed consent from the patient 3 the doctor operating on the wrong body part, or on the wrong patient, and 4 scenarios in which there is a financial incentive for the doctor to recommend or perform a surgery that is not medically necessary.
Using an Expert Witness to Prove Medical Negligence. To prove that a physician was negligent in recommending or ordering a surgery, a plaintiff's medical malpractice lawyer will consider all aspects of the plaintiff's course of care, and identify the proper medical expert witness to help build the case against the doctor.
A patient can potentially sue a doctor for performing an unnecessary surgical procedure. But it's important to point out that not all surgeries that turn out to be medically unnecessary will give rise to a viable medical malpractice lawsuit, especially when the best evidence comes via hindsight. The key is usually whether ...
A surgical procedure can ultimately prove to be unnecessary in a variety of situations, but those that most often lead to a finding of medical malpractice involve: surgeries that lack informed consent from the patient. the doctor operating on the wrong body part, or on the wrong patient, and.
The answer largely depends on whether the doctor provided treatment and made decisions in line with the appropriate medical standard of care under the circumstances. If the answer is no, then there is a possible medical malpractice case.