Surgical errors are among the most devastating forms of medical negligence, capable of causing serious injuries, lifelong complications, or even death. If you or a loved one have been harmed during a surgical procedure, a medical malpractice attorney can help you prove negligence and seek both justice and compensation.
What Is a Surgical Error?
A surgical error is an unintentional injury that occurs during an operation or procedure. These incidents involve errors that are not considered to pose a “known acceptable risk of surgery.”
Most importantly, they are entirely preventable, being avoided by following the correct protocols. With that in mind, surgical errors are a form of medical negligence that occurs when a healthcare provider fails to meet the accepted standards of care.
Some examples of surgical negligence include the following actions:
- Performing surgery on the wrong body part
- Leaving surgical instruments inside the patient
- Making medication errors during surgery
- Anesthesia mistakes that lead to further complications
- Post-surgical infections caused by unsanitary conditions
Your medical malpractice lawyer does not only need to prove that one or more of these incidents occurred. They must also demonstrate how the mistake that took place was what directly caused your injuries.
The Repercussions of Surgical Errors
Research indicates that wrong-site surgeries represent one of the most harmful forms of surgical errors. In 30.9% of these cases, patients suffer temporary minor harm. Roughly one-fourth of patients suffer temporary major harm, and another 17.6% suffer permanent minor harm. Certain types of surgical errors, such as amputating the wrong limb, can be particularly harmful.
How Medical Malpractice Lawyers Prove Negligence
To build a strong case on your behalf and prove negligence, a medical malpractice attorney will work to prove the four key elements of negligence, which are as follows:
- Duty of Care: The medical professional owes you a duty to provide competent care
- Breach of Duty: The provider’s actions or failure to act deviated from the accepted standard of care
- Causation: Their breach directly caused your injury
- Damages: You sustained physical harm, emotional suffering, or financial losses
Proof of each of these elements is critical. If just one is lacking substantial evidence, then you may not be able to recover compensation in your case.
Establish the Standard/Duty of Care
The standard of care is one of four pillars of negligence, acting as the benchmark against which a healthcare provider’s actions are measured. It is the level of care and skill that a reasonably competent medical professional in the same specialty as the provider who harmed you would provide.
For surgical error cases, establishing the standard of care means comparing the actions of your surgeon or medical team to what another qualified professional or group thereof would have done under the same circumstances.
In doing so, the following questions will usually be asked:
- Did the surgeon or staff members adequately prepare for the procedure?
- Would a competent surgeon have identified the error before it occurred?
- Were proper protocols followed in the operating room?
By establishing the standard of care, your lawyer can show how the surgeon violated specified procedures and best practices.
Gather Evidence and Speak to Witnesses
Medical malpractice attorneys will gather medical records and supporting documents to build your case. In surgical error cases, lawyers often consult with subject matter experts (SMEs), such as surgeons or healthcare providers, to obtain insights about your procedure.
In Ohio, your attorney will also have to submit an affidavit of merit, a form that includes a written statement from one of these qualified professionals.
Link the Error to Your Injury
Perhaps one of the most challenging aspects of a medical malpractice case is proving causation. Your attorney must show that the surgical error directly caused your injury. The human body is incredibly complex, though, and your attorney must show that your injury wasn’t the result of a pre-existing condition or unrelated factor.
As detailed above, medical professionals can explain how the error occurred and how it led to your specific harm. They can also help your lawyer demonstrate why other factors aren’t to blame for your injuries.
Calculate Damages
The final step before settling a claim involves calculating damages. Your attorney will account for medical bills, lost wages, and the physical and mental anguish you endured so they can pursue a fair settlement amount.
Your attorney will then negotiate with the insurance company and plaintiffs in hopes of settling. If the other party won’t offer a fair settlement, your attorney will take the case to trial.
FAQ
What Qualifies as Medical Negligence in Surgical Error Cases?
Medical negligence occurs when a surgeon or other medical professional fails to meet the accepted standard of care, causing the patient to suffer harm as a result. Examples include performing surgery on the wrong body part, leaving surgical instruments inside the patient, or making anesthesia errors.
How Can a Medical Malpractice Attorney Help With a Surgical Error Case?
A medical malpractice attorney can investigate the incident, gather evidence, and consult SMEs to build a strong case that proves negligence. They also handle negotiations with insurance companies or represent you in court in hopes of securing fair compensation.
What Types of Compensation Can I Receive for Surgical Negligence?
Compensation may include the value of your medical bills, future medical costs, and lost wages, as well as your pain and suffering. If your loved one suffered a wrongful death due to a surgical error, your family may also recover damages for funeral expenses and loss of companionship.
Contact Our Medical Malpractice Lawyers Today
If you or a loved one have been the victim of a surgical error, The Moore Law Firm can help. We serve clients throughout Ohio and are experienced in handling medical malpractice cases. Our team offers free consultations and will gladly evaluate the merits of your case to help you decide your next steps.
In partnering with us, you will benefit from our contingency-based billing model, which means you don’t owe us anything unless we recover in your case. Contact The Moore Law Firm to schedule a consultation.
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.