Undergoing any surgical procedure can be scary, but most people find comfort in believing that their medical care providers are skilled professionals, and nothing terrible will happen. All patients believe that the surgical team used for their procedure will adhere to the “Standards of Care” set by the medical profession when performing surgery.
Sadly, there are times when preventable injuries occur during surgery. These injuries can lead to severe, if not life-threatening conditions, and sometimes even death. Surgical injuries are often a result of medical malpractice and can occur during preoperative, intra-operative, or postoperative stages. Click here to read more about personal injury law.
Before you are cleared for a surgical procedure, two things should occur before given the “all clear.” You should have an in-depth discussion with your physician about the surgery risks, and you should have the appropriate preoperative testing completed.
Preoperative testing provides your medical care provider with all the information they need about your health. The results of these tests will allow the medical professionals to see how healthy you are and if any potential risks may arise from the surgery. Preoperative testing is a crucial part of surgical care.
Several issues may arise during the surgery if the physicians are not observing the accepted standard of care. A slipped scalpel can damage organs, muscles, nerves, and improper use of anesthesia can lead to many different injuries.
There are also the “never events” that could happen. These include wrong surgeries performed, the wrong patient had surgery, and leaving objects inside the surgical site.
Postoperative issues can also occur. Bleeding, internal bleeding, and surgical site infections that occur during care are just some of the problems that may arise due to medical negligence after surgery.
Poor Results Do Not Automatically Mean Medical Malpractice Occurred
Every medical procedure has associated risks. It is also essential to understand that there is not any type of surgical or medical procedure that is 100 percent guaranteed to work. Every person will respond to their medical care, including surgical procedures differently.
Complications from surgery are also not necessarily a sign of malpractice. During your preoperative discussion with your medical care provider, you were most likely told of potential complications that could arise from the surgery. However, complications that occurred as a result of a medical error are considered a form of medical negligence.
Medical malpractice can be a very challenging case to prove. The medical community is swift to blame malpractice events on “acceptable risks of the surgery,” even when malpractice really happened. To establish that malpractice has occurred, you will need the assistance of an attorney.
Further reading: Emergency Room Malpractice
When Should I Hire An Injury Attorney?
If you or your loved one has been injured as a result of a surgical procedure, you should contact an attorney as soon as possible after the injury is discovered. Medical injuries can be life-changing events, and many injury victims face a very long recovery period.
It is only right that the responsible party for your injury is held accountable for all the expenses and financial losses they have caused. Protect your rights as a surgical error victim and contact an attorney as soon as possible after the injury is discovered.
How Much Does An Injury Attorney Cost?
Our law firm does not charge any upfront legal fees to help injury victims. We are a contingency-based law firm, which means you do not pay for our services until we win your case. Working on a contingency basis ensures that everyone has equal access to legal representation in their time of need.
How Much Is My Case Worth?
Every injury case will be valued differently. Your compensation package will be based on the facts of your case. You will be entitled to different forms of compensation and different amounts based on this information.
Your attorney will discuss with you the types of compensation that are available and an estimate of the overall value of the case.