Buffalo Surgical Error Attorneys
Medical Errors Before, During & After Surgery
One of the most common forms of medical malpractice, surgical errors affect approximately 4,000 people in the U.S. every year, according to data published by the National Center for Biotechnology Information (NCBI). Tragically, these errors often have devastating consequences, including catastrophic bodily injury, life-threatening health complications, and, in the worst cases, death.
If you or someone you love was the victim of a surgeon or another medical professional’s negligence or misconduct, reach out to the team at Faraci Lange, LLP today. Our Buffalo surgical error lawyers understand the immense impact these types of incidents have on victims and their families; our goal is to secure the maximum compensation you are owed and hold negligent hospitals, surgeons, and other providers accountable for the devastating harm they cause.
What Is a “Surgical Error?”
While not all surgeries go as planned, a poor outcome does not necessarily indicate that malpractice has occurred. Rather, a surgical error occurs when a medical provider fails to provide an acceptable level of care to a patient before, during, or after a surgical procedure. The “acceptable level of care” in surgical error cases, as in all medical malpractice cases, is based on the level of care that another qualified medical provider could be expected to provide in the same or similar circumstances.
For example, if a surgeon operates on the wrong body part because he or she failed to properly read the patient’s chart prior to the procedure, this constitutes a surgical error. These types of mistakes should never happen, as surgeons and other medical professionals involved in such procedures have a strict duty of care to provide patients with a safe and acceptable degree of care.
Common Surgical Errors & Their Effects
Unfortunately, surgical errors are frighteningly common in the U.S., with thousands of patients suffering the effects of surgical negligence annually.
Some of the most common examples of surgical errors include:
- Operating on the wrong patient
- Wrong-site surgery
- Damage to internal structures
- Left-behind objects/instruments
- Conducting the wrong procedure
- Anesthesia errors
Surgical errors also include mistakes or improper care provided during pre- or post-operative treatment, such as lack of informed consent, failure to provide the patient with adequate instructions, failure to inform the patient of possible side effects, early discharge, and more.
Tragically, the effects of surgical errors are typically immense and far-reaching. Patients may experience significant bodily injuries, such as accidental amputation or nerve damage. They may develop life-threatening infections or suffer other complications, and, in many cases, patients ultimately die as a result of mistakes made before, during, and after surgery. When this occurs, victims or their surviving loved ones may have options for legal recourse.
How Do Surgical Errors Happen?
In the medical profession, surgical errors are often referred to as “never events” due to the fact that these types of mistakes should simply never occur. So, how do surgical errors happen?
Some of the most common causes of pre-operative, post-operative, and surgery mistakes include:
- Poor communication between medical professionals/departments
- Mistakes made during emergency treatment/care
- Failure to procure informed consent
- Failure to adequately prepare a patient for surgery
- Poor pre-operative planning
- Surgeon/medical professional fatigue
- Inexperienced or distracted medical providers
- Failure to review a patient’s medical history/chart
- Administering too much or too little anesthesia
- Administering the incorrect type of medication
- Substance abuse (alcohol, drugs, or illicit substances)
- Improper or inadequate post-operative care
- Poor follow-up care
- Releasing a patient too soon after a procedure
There is no excuse for negligent or improper medical care; our surgical error attorneys in Buffalo at Faraci Lange, LLP are here to fight for the justice you deserve if you or someone you love suffered because of a trusted medical provider’s mistake.
Can You Sue for Surgical Errors?
Simply put, yes, you can sue a negligent hospital, surgeon, or another liable party for a surgical error. Much like other medical malpractice cases, however, proving your case may be very difficult, especially without the help of a skilled medical malpractice attorney.
To have grounds for a lawsuit after a surgical error, you will need to prove the following:
- Duty of Care: First, you must establish that the defendant (the person or party against whom you are bringing the claim) owed you a duty of care. Typically, establishing that a doctor-patient relationship existed is sufficient for proving a duty of care.
- Breach: You will next need to prove that the defendant breached the duty of care. In surgical error cases, this means proving that they failed to provide the same level of treatment that another medical provider would have in the same or similar circumstances.
- Injuries: To have a case, you must also prove that you were, in fact, injured, meaning you suffered some form of physical, emotional, and/or financial harm. Even if a medical provider was negligent, if you did not suffer injuries, you do not have a case.
- Causation: Lastly, you must establish a link between the defendant’s failure to provide an acceptable standard of care and your injuries. In other words, you must prove that their negligence or misconduct was the proximate or direct cause of your injuries.
If you sustained a physical injury, developed a serious infection, or suffered some other harm following surgery, you may have a case if you can prove each of these elements. Our surgical error lawyers in Buffalo at Faraci Lange, LLP can meet with you at no cost to discuss the specifics of your case and help you determine if you have grounds to file a lawsuit against a negligent medical provider.
What to Do If Your Surgeon Made a Mistake
If you believe your surgeon may have made a mistake, and you are now experiencing complications related to your procedure, seek medical attention immediately. It can be difficult to determine if the symptoms you are experiencing are normal side effects of your surgery or a sign of something more serious. If you have any indication or feeling that you may be suffering from an abnormal symptom or side effect, contact your doctor right away.
You should also reach out to an attorney right away if you believe you received poor treatment or care from your surgeon, the hospital, or another health care provider. An attorney, like those at Faraci Lange, LLP, can immediately begin collecting evidence and taking the necessary actions to protect your rights.
Get in touch with our team today to learn how we can assist you with your potential case. At Faraci Lange, LLP, we fight for maximum compensation for our clients with the goal of helping them heal and move forward with their lives. If you were harmed by the negligent or wrongful conduct of a trusted medical professional, you deserve justice. Our firm is here to fight for you.
To schedule a complimentary case evaluation, call us at (888) 997-4110 today.
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