Surgical malpractice is a type of medical malpractice where a surgeon’s care falls below the accepted standard, leading to injuries. This problem is, unfortunately, too common, with everything from wrong-site surgery to medication errors during procedures causing life-altering harm and even fatalities.
Learn more about the various types of surgical malpractice and how an attorney can help.
1. Wrong-Patient or Wrong-Site Operations
One type of surgical malpractice involves “never events.” These refer to surgeons operating on the wrong patient, performing the wrong procedure, or operating on the wrong body part. Typically, this is the result of not reading patient charts or a lack of communication between team members.
2. Retained Surgical Instruments
Surgical teams have to ensure all tools are removed from inside the patient before suturing incisions. If the nurse in charge of monitoring the tools is negligent and the surgeon doesn’t double-check to verify that nothing is missing, items can remain inside the patient.
Retained surgical instruments can cause infections and negatively impact the recovery process. In severe cases, these objects can cause further harm by damaging organs and other structures.
3. Anesthesia Errors
Anesthesia errors can lead to catastrophic injuries during surgeries. Administering too little anesthesia can result in anesthesia awareness, which can be highly traumatic for patients, while administering too much anesthetic can cause respiratory failure that could quickly lead to brain damage.
4. Failure to Monitor
Patients undergoing surgery must always be closely monitored to ensure their vital signs are at acceptable levels. If blood pressure drops or spikes, or if respiration is not strong enough, the surgical team needs to quickly act to prevent serious complications.
The failure to monitor vital signs and quickly address any issues that arise is a common surgical error, especially in complex procedures. It can result in the patient aspirating, going too long without oxygen, or even bleeding out.
5. Surgical Site Infections
Surgical teams have to maintain a sterile field at all times. The tools they use must also be sterile to avoid cross-contamination. If there’s any type of negligence, patients can develop serious infections.
Infections can also occur as a result of negligence during the recovery process. If your team doesn’t take care of your incisions correctly or fails to wash their hands before changing your bandages, microbes can be introduced into the wound.
6. Nerve or Organ Damage
During a procedure, preventable mistakes can result in a surgeon harming healthy structures. They may use their scalpel incorrectly, cutting into organs or damaging nerves. This could result in you experiencing severe health consequences, including organ damage, loss of sensation, and loss of function of the affected area.
7. Inadequate Postoperative Care
Your surgical team needs to monitor you closely as you recover from the procedure. They must ensure you don’t have adverse reactions to the anesthesia and that your vital signs are all stable. If you can’t move on your own, they also need to help you do so every few hours to avoid pressure ulcers, which can result in severe infections.
If your team doesn’t check up on you in a regular manner or fails to take action if there are signs of complications, they are negligent. This would allow you to begin a surgical malpractice claim.
8. Delayed Recognition of Emergencies
All manner of complications can arise during surgeries. These may not all be preventable, but you do expect your team to work rapidly to recognize the problem and address it. A surgeon who doesn’t spot signs of internal bleeding or act quickly enough to stop it could cause you to suffer catastrophic injuries.
FAQ
How Long Do You Have to File a Surgical Malpractice Claim in Ohio?
In Ohio, the statute of limitations typically gives you only one year to begin a medical malpractice claim. There could be exceptions that impact your claim, however, so it’s essential to speak with a malpractice attorney to get an accurate timeline.
Will a Medical Malpractice Lawyer Charge Upfront Fees?
No. As with other personal injury attorneys, malpractice lawyers work on contingency. They only get paid if they’re able to obtain a settlement or jury award for you. If they don’t win, you don’t have to pay them their fee. They will take a percentage of your winnings.
The exact amount they receive can vary depending on the case’s complexity and other factors.
What Damages Can I Recover in a Surgical Malpractice Claim?
You can recover economic and non-economic damages. The former focus on addressing your medical expenses, including all future care needs, as well as the wages you may have lost while you recovered. If you can’t return to work, you can receive compensation for your loss of earning potential.
Non-economic damages cover pain and suffering and your loss of enjoyment of life.
Do You Need Expert Witnesses for Surgical Malpractice Cases?
Yes, you’ll typically need to hire medical professionals in the same field as the defendant. They will have to show that you received substandard care.
Pursuing Compensation After Surgical Malpractice
If you have suffered injuries because of surgical malpractice, you will need assistance from experienced attorneys. At The Moore Law Firm, we bring decades of experience and dedication to every case we take on, giving you the chance to obtain the compensation you deserve. Contact us to speak with a malpractice lawyer.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.