Law

Surgical Malpractice Cases: Filing a lawsuit for compensation

Some of the distressing medical blunders take place during surgical procedures. In the United States, around 28 million people have to go through surgical operations. Unfortunately, a large number of patients suffer from injuries by surgical faults. It is believed that a significant number of deaths take place in the US because of botched up surgeries. Surgical malpractice cases happen when a patient suffers damages due to the negligence of a surgeon, nurse, or medical staff who are involved in performing the surgery.

Common surgical errors that take place:

Surgical malpractice cases happen when a doctor allegedly fails to owe a duty of care towards the patient. Note that a surgery is performed by a surgical team consisting of the primary surgeon, nurses, surgical assistant, anesthesiologist, and other members, each of whom performs distinct functions. As far as orthopedic surgeries are concerned, errors might happen by any one of these members. You can take a legal step against all those whom you think is responsible for your injuries. For this, you’ll need legal assistance from a malpractice lawyer. They will seek compensation on your behalf and to make your case strong, they might also seek medico-legal guidance from an orthopedic expert witness.

 In the United States, patients can seek financial compensation for getting injured in surgical errors. Though most of the surgeries are successful, patients may sustain injuries that might hamper their regular lifestyle.

  • Surgery on the wrong site– It happens when the surgery is done on the wrong body part. Limbs might be unnecessarily removed or nerves might get damaged in the process.
  • Unnecessary surgery– This happens when a surgeon wrongfully convinces the patient to undergo a surgery. In other words, it is a misdiagnosis by the doctor. The patient could have recovered with physical therapies or medications, but the surgeon has misrepresented the need for surgery.
  • Damage to other body parts– When the surgeon mistakenly causes damage to other body parts like nerves, internal organs, and other parts.
  • Surgical instruments left in the patient’s body– This surgical error can cause serious complications.
  • Infections– Orthopedic malpractice cases can cause infection at the site of injury, swelling, bleeding, or blood clot.

Surgical errors can happen during the three phases during surgery:  pre-operative, during surgery, and post-operative surgery. You can file a lawsuit against the surgeon or the medical staff if they perform surgical errors at any phase of the surgery. It shows that the doctor has failed to owe duty of care to the patient. Once you file a lawsuit, the attorney will gather evidence and may call upon an expert witness to get expert guidance on the matter. You can get compensation like medical expenses, rehabilitative services, lost wages, pain and suffering. However, to prove this, the plaintiff has to prove that the surgeon owed a duty of care to the patient, and the damages have been caused due to the surgical error. Due to this, the attorneys may seek an outside opinion for neutral and unbiased reports.

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