Surgical Negligence and Errors
Surgical negligence and medical errors can occur even under the best conditions in any medical setting. The measure applied in these cases is the “standard of care” for each incident. For example, if a Central Massachusetts surgeon performs a type of surgery or procedure that they are not qualified to perform, that could easily result in a medical mistake, causing harm to their patient. Other cases occur when a procedure is done but was not required. Errors that happen during medical procedures may also go unnoticed at the time, and later complications affect the patient, causing problems or death.
When a professional doctor, nurse, anesthesiologist, dentist, or other medical practitioner does not perform their duties up to the acceptable standard of care and the result is harm to their patient, that patient, or the family of a deceased patient, can take legal actions against the person or entity that is responsible for the medical malpractice or error.
Errors in medical treatment can cause additional problems that require further surgery or that lead to permanent disability or death. It is expected that medical professionals are trained and act according to a certain standard of care that gives the patient the best possible outcome, but this is not always the case.
Negligence and Personal Injury
A personal injury attorney understands how harmful negligence can be when a trusted medical provider causes harm to their patient. There are many striking examples of medical errors that no one wants to see happen in their family. Surgeons may perform an operation on the wrong body part, amputate the wrong organ or limb, or otherwise make an unthinkable mistake. Carelessness, distraction, or simple error can cause a lifetime of tragedy, especially when medical malpractice results in death or catastrophic injury.
If you or one of your family members is harmed by a medical error or surgical negligence, our personal injury lawyers are ready to help you pinpoint the causes and get expert opinions to confirm the mistake so you can proceed to obtain fair compensation for your claims. Negligent medical care can be the responsibility of any number of persons giving medical care. The surgeon, operating team, nurses, or caretakers could be the one who caused medical harm through their negligent behavior, even if the mistake was unintended.
Errors in the medical or dental setting can occur at any point during a procedure. Anesthesia mistakes can result in a person being aware of what is happening rather than being safely sedated. Use of the wrong element during anesthesia can result in brain damage, serious injury, a loss of function, or death of the patient. Cutting errors may occur during laparoscopic procedures, causing bleeding. There have been cases where a surgeon has removed the wrong breast or another body part by mistake. A slip of the knife can pierce or cut a vital organ, leading to death. Birth injuries can cause brain damage or permanent disability for an infant. Negligence during postoperative patient care can also cause harm, with infections and other problems that could lead to death or disability.
Mistakes in medical care and surgery are not limited to doctors or hospitals. Emergency care clinics, pharmacies, dental offices, nursing homes and other Massachusetts care facilities can also be prone to malpractice and medical errors. Failure to recognize complications is another act of negligence that can harm a patient. In some cases, surgical instruments have been left inside a patient, causing harm, including the need for additional surgery.
Many types of common surgeries have been cited in malpractice lawsuits. These can be major, minor, or elective procedures taking place in hospital or as outpatient surgeries:
- Back, hand, leg, arm, or eye surgery
- Hip replacement
- Gallbladder surgery
- Heart bypass or vascular surgery
- Gastric bypass surgery
- Plastic surgery
- Brain surgery
- Dental procedures
- Chiropractic manipulation
Why You Need a Surgical Negligence Lawyer
Compensation is available through legal channels for those harmed by surgical negligence. Claims must be brought within a statute of limitations, by the patient or the estate executor/administrator of a deceased patient. The range of damages includes loss of income and earning capacity, pain and suffering, medical expenses, loss of companionship, and other claims. With proven gross negligence in a wrongful death case, the punitive damages could also be awarded.
Your Central Massachusetts lawyer can support your claim with expert witness testimony by qualified medical practitioners to link a direct cause between action and results, to prove medical malpractice, and verify your damage claims. If the problem caused a death, survivors are entitled to compensation for their loss of a loved one’s support, love, guidance, and companionship.
Compensation for losses is one way to begin recovery from surgical negligence and error. If you have been injured due to surgical error or negligence, please contact our office today at 508-755-7535 for a free consultation to find out how we can help you.