Are Surgical Errors Malpractice?

They can be. But know that not all errors will give rise to a medical malpractice claim. You usually have to prove that a surgeon’s error fell below a certain standard of care to bring a malpractice suit. But if you can make this showing, then you can likely file a malpractice case and receive compensation for your injuries.

When is a Surgeon’s Errors Malpractice?

A surgeon or a surgical staff member commits malpractice if:

  1. He/she provides care or treatment that is below the accepted standard of care within the medical community, and
  2. This deviation from care injures the patient.

Note that the accepted standard of care is one that an experienced and reasonable surgeon would provide under similar circumstances.

Common surgical errors that may give rise to a medical malpractice lawsuit involve a surgeon:

  • Operating on the wrong part of a patient’s body,
  • Operating on the wrong patient,
  • Leaving a foreign object inside a patient’s body (for example, a surgical sponge),
  • Causing organ or nerve damage in the course of an operation, and/or
  • Causing an infection.

What Can Cause a Surgical Error?

Surgical errors can arise from a variety of reasons. Some of the most common sources of error include:

  • Inexperience,
  • Lack of qualifications,
  • Poor communication,
  • Poor preoperative planning,
  • Fatigue,
  • Drugs and/or alcohol use, and
  • Inadvertence.

What are Possible Damages in Surgical Error Cases?

A surgical error can lead to several severe complications. For example, an error could cause:

  • Organ or nerve damage,
  • Internal bleeding,
  • Scarring,
  • Disfigurement,
  • Infection,
  • Sepsis, and
  • Disability.

Note that if you are damaged from a surgical error, you can receive compensation for your injuries, including payment for your medical expenses, lost wages, and pain and suffering.

Contact Otorowski Morrow & Golden, PLLC

Please know that our firm is here to help if you were injured due to a surgeon’s or surgical staff member’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm have over 120 years of combined experience helping clients in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.

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