The term “medical malpractice” covers a variety of negligent actions by medical professionals ranging from misdiagnosis to improper administration of anesthesia. While all of these mistakes can have serious and even deadly consequences, surgical errors are perhaps the most dangerous and pervasive type of negligence-based medical error, as victims are often forced to spend thousands of dollars to receive additional medical care to fix the physician’s error, while others remain permanently disabled. If you were injured as a result of a surgical error, it is important to contact an experienced medical malpractice attorney who can help ensure that your claim is filed correctly and on time.
Most patients who go in for surgery are aware that there are always risks involved. In fact, before a patient can undergo surgery, he or she must acknowledge and accept those risks, which could include side effects or other dangers. While patients are usually not permitted to file claims based on these accepted risks, there are some surgical errors, attributed purely to the negligence or recklessness of a surgeon or nurse, that patients should never expect. For example, a surgical error involving a medical instrument left inside of a patient’s body is an obvious breach of reasonable care and so can form the basis of a claim for damages. Other common and compensable surgical errors include:
While some surgical errors can be repaired, others cause permanent damage. For example, anesthesia errors that lead to oxygen deprivation can cause irreparable brain damage and even death.
It is generally understood by lawmakers and patients alike that surgical procedures require extreme technical precision and are by nature, risky, so hospitals and surgeons cannot be held liable every time a surgery does not have the intended results. To ensure that claims are legitimate, courts require injured patients to provide evidence that a surgeon’s actions fell below the standard of care that another medical professional with the same training would have used in similar circumstances. Plaintiffs must then prove that the surgeon’s actions directly led to their injury. Although this may seem like a daunting task, in many surgical error cases demonstrating fault is a relatively straightforward process, as even non-medical professionals recognize that operating on the wrong patient or body part or failing to remove an instrument from a patient’s body will never satisfy the level of care required of surgeons. Those who are able to demonstrate negligence will be eligible to collect damages to cover the cost of past and future medical expenses, lost wages, loss of earning ability, pain and suffering, emotional distress, and funeral/burial costs.
Our family worked with Joe Hartle to finalize the adoption of our daughter last fall. So while we were not the typical client of this firm, we still had a great experience. Joe is the best, was so friendly, easy to work with and made us feel very special during…
Attorney Scott helped me with my car accident case. I highly recommend Attorney Scott. He was very good about explaining things to me, and I am very happy with the results. Thank you!
Attorney Lafferty handled my car accident vs. pedestrian case. Very happy with the service and representation he provided. Great result!
Attorney Scott was wonderful in his representation of me for my car accident.
I was represented by Joe Hartle, who did a great job with my auto accident claim. Very happy with the end result.
Highly recommended. The attorneys are very knowledgeable, helpful, and friendly. They did an outstanding job representing us after a terrible car accident caused us serious injuries.
Joe Hartle represented us in a wrongful death case involving a semi-truck. He did an outstanding job during a very trying time in our life. Thank you!
Excellent service all the way around. Happy to recommend Lafferty Gallagher & Scott
Very professional and informative. Thank you to Attorney Jon Lafferty.
Excellent service from Mickey Scott. Thank you!