When Surgery Errors Amount To Medical Malpractice
Undergoing any type of surgery involves inherent risks
. Some types of surgeries are necessary to save a patient's life, such as a heart bypass or appendectomy, while others are merely elective, such as a face lift or breast enhancement procedure. Whether the operation is medically necessary or not, patients put their trust in surgeons to perform their jobs well. Surgeons, just like any other medical professional, owe their patients a duty to adhere to the medically accepted standards of their profession. When they fail to do so, and injury results, that surgery error amounts to medical malpractice.
When patients go under the knife, they are placing their lives in their surgeon's hands. Unfortunately, surgical errors occur almost every day in this country. Fatigue, inexperience, negligence, distraction or just plain human mistake can all lead to surgical errors. However, surgical errors can happen outside the operating room, as well. Errors involving anesthesia, pre-operative and post-operative care can also give rise to medical malpractice.
Any member of the patient's medical team, not just the surgeon, can make a surgical error, including nurses, anesthesiologists, pharmacists and medical technicians. Common surgical errors that give rise to medical malpractice cases include:
Foreign instrument or sponge left behind in the patient's abdomen
Unexpected bleeding due to a surgeon accidentally nicking an artery or other organ
Operating on the wrong side of the patient
Nerve damage
Amputation errors
Anesthesia errors, such as administering too much or too little anesthesia
A botched surgery can result in permanent disability or even death. When a patient suspects that a surgeon or someone else on the medical team made a mistake, it is a good idea to consult with an experienced medical malpractice attorney to discuss filing a lawsuit. To prove that a doctor, nurse or other member of the medical team committed medical malpractice, the following four requirements must be met:
The health care provider owes the patient a duty of care;
The health care provider breached that duty;
It was foreseeable that the breach would cause injury to the patient; and
The patient suffered an injury as a result.
A medical malpractice lawyer must prove negligence on the part of the healthcare provider, but also convince the jury that the patient deserves compensation. In medical malpractice cases, the judge or jury may award compensatory or punitive damages, or both. Compensatory damages will make up for the patient's pain, emotional suffering and financial losses that resulted from the malpractice, including the cost of medical treatment to correct the error, lost earning capacity, physical therapy, home health care, and diminished quality of life after the surgery. In the most egregious cases of negligence, punitive damages may be awarded to punish the defendant. To learn more about the types of surgical errors that give rise to medical malpractice, contact an experienced personal injury lawyer in your area.
by: Teri K. Quincy
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