There is no such thing as a risk-free surgery. Any time one ends up on
an operating table, there is a chance that something can go wrong. However,
most people do not expect complications to arise as a result of their
surgeon’s negligence. After all, you put so much trust in health
care providers to care for your health that the betrayal of that trust
adds further insult to injury. If an error was made during your surgical
procedure, does this mean medical malpractice occurred? It all depends
on the details of your case.
Defining Medical Malpractice
Just because a surgical error occurred does not necessarily mean that medical
malpractice was at play. The medical treatment provided must fall below
the acceptable standards and must have resulted in harm to the patient.
Therefore, even if the care provided was sub-standard, a patient could
not file a medical malpractice lawsuit unless that care resulted in injuries.
This is why it is crucial to have an experienced medical malpractice attorney
on your side; he or she will need to utilize expert testimony to establish
that your surgeon’s treatment was below the standard of care and
that you were harmed by it.
So what qualifies as a surgical error? It is essentially a preventable
mistake that is made during a surgical procedure. Errors that are considered
medical malpractice are those that go beyond the known risks of surgery.
Why Do Surgical Errors Happen?
Every surgical procedure is different and unique to each patient’s
needs and condition. However, despite their uniqueness, there are still
some reasons that are more common than others when it comes to surgical
errors. This includes:
Incompetence: If a surgeon has not performed a procedure often enough, he or she might
not have the skill to perform it successfully.
Insufficient planning: Surgeons must be properly prepped for a surgery. This means they must
review a patient’s condition and prepare for any potential complications
that might arise.
Improper work process: Surgical procedures can be lengthy processes and, in some cases, a surgeon
might determine that some steps are not necessary. Unfortunately, shortcuts
can result in serious errors that can cause irreparable harm to a patient.
Poor communication: If a surgeon were to mark the wrong site for surgery or fail to ensure
all the necessary surgical equipment is present, errors can happen. The
surgeon might also miscommunicate information regarding the proper dosage
of a patient’s medication.
Fatigue: Surgeons have a demanding schedule and it is not uncommon for them to
work long hours. This also makes them prone to fatigue, which can result
in preventable errors.
Drug or alcohol abuse: To cope with the demands of their job, surgeons might abuse drugs or alcohol.
Doing so can impair their judgment, however, leading to terrible surgical mistakes.
Neglect: Some surgeons simply are not careful enough. This could result in failing
to ensure instruments are properly sterilized or using surgical equipment
they know is defective.
Some examples of surgical errors include injuring a nerve, administering
too much or too little medication, performing an incision on the wrong
location, operating on the wrong patient, operating on the wrong body
part, or leaving surgical equipment in the patient’s body.
Medical Malpractice Attorney in Orlando
If you were injured during a surgical procedure that was caused by a negligent
health care provider, you have a right to pursue fair and just compensation.
At The Maher Law Firm, we are backed by over 40 years of experience in
representing individuals who have been wrongfully injured. We will vigorously
fight on your behalf to ensure the responsible party is held accountable
for their negligent actions.
Get started on your
medical malpractice case today and
reach out to our law firm at (855) 338-0720 to request your free initial case evaluation
with one of our knowledgeable attorneys.