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What Types of Surgical Errors Can Lead to Medical Malpractice Claims?

Posted on in Medical Malpractice

Il malpractice lawyerIf you or a loved one recently required surgery to treat a medical condition and something went wrong, you are probably looking for answers. You may question if the problem you or your loved one encountered during surgery was the fault of a medical professional’s negligence or the result of a surgical mistake. You may also wonder what your legal options are if you were the victim of medical malpractice. Surgical errors are rare, but when they occur, the results can be life-changing.

Surgical Mistakes Can Lead to Preventable Patient Suffering

Surgeons and other medical professionals are human and they sometimes make mistakes. However, when a mistake is egregious or the result of the medical professional’s negligent behavior, the professional may be guilty of medical malpractice. Examples of surgical errors that may justify a medical malpractice claim include:

  • Improper sanitation of equipment or devices that leads to patient infection
  • Surgical mistakes resulting in nerve damage or internal organ damage
  • Use of contaminated or defective equipment
  • Administering the wrong type of medication or the wrong dose of medication during surgery
  • Using a surgical technique that is unnecessarily risky
  • Performing unneeded surgery

Some surgical errors are so unacceptable that they are called “never events” because they should never happen. Never events include:

  • Performing surgery on the wrong body part
  • Performing the wrong surgical procedure
  • Leaving a foreign body such as a sponge or glove inside the patient’s body

Bringing a Medical Malpractice Claim After a Surgical Error

Medical malpractice occurs when a doctor, surgeon, anesthesiologist, or other medical professional fails to meet the accepted medical standard of care and a patient is harmed as a result. More specifically, medical malpractice occurs when:

  • The surgeon or other professional owed a legal duty of care to the patient. This means that a doctor-patient relationship had been established.
  • The professional breached the duty of care through a negligent act or omission.
  • The patient was injured or killed as a result of the negligent act.
  • The patient or the patient’s surviving family suffered damages or financial losses because of the injury or death.

If you or a loved one suffered damage to internal organs, nerve damage, worsened medical symptoms, or other harm after undergoing surgery, you may have a medical malpractice claim. You may be entitled to financial compensation for your damages. You could be compensated for the additional medical bills incurred by the surgical error such as additional surgeries, your lost wages from missed work, impairment to your income-earning ability, and other losses resulting from the error. You could also receive compensation for your intangible losses including your disability, scarring and disfigurement, physical pain, and mental suffering.

Contact a Waukegan Surgical Error Lawyer

If you or a loved one were harmed during surgery, contact Salvi & Maher, L.L.C. Our team can investigate your case and determine if you or your loved one were the victim of medical malpractice. If medical malpractice did occur, we will fight to hold the negligent individuals accountable and get you the compensation you deserve. Call our office at 847-662-3303 today and schedule a free, no-obligation consultation with a Lake County medical malpractice attorney from our firm.

 

Source:

https://psnet.ahrq.gov/primer/never-events

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