Undergoing surgery is stressful, even in the best of circumstances. Still, many people have surgery, hoping to improve their health. For others, surgery is a necessary medical procedure that can be life-saving or life-changing. What happens if the surgery goes wrong? Can you sue a doctor for a failed surgery?
Patients put their trust in their doctors and surgeons and expect to receive the best possible care. So what happens when your surgery doesn’t live up to that expectation? Can you sue a doctor for a failed surgery? The answer is yes, you can. This blog post will discuss legal options for patients who have experienced a failed surgery and explain how a surgery lawyer can help you with a failed surgery lawsuit.
In cases where surgical procedures result in unexpected complications, patients may wonder about their legal options. If harm stems from preventable medical errors during surgery, affected patients or their families might have grounds to pursue compensation through a medical malpractice lawsuit. Understanding the legal recourse after surgical mishaps is crucial for those seeking justice and recompense for their suffering.
Suing After Failed Surgery: Understanding the Basics
Surgery gone wrong can result in significant harm to patients, such as physical pain, disfigurement, disability, or even death. A failed surgery occurs when the surgery doesn’t achieve the intended outcome or the patient experiences complications that weren’t disclosed or weren’t known when the patient was giving their informed consent to have the procedure.
When a bad surgery results from a healthcare provider’s failure to provide appropriate care, patients have the right to hold that provider responsible and seek compensation for the damages they suffered. To file a failed surgery lawsuit, you must prove that the medical professional was negligent and that their negligence caused your injury.
Examples of negligence that may lead to a botched surgery include:
- Misdiagnosing a condition that required surgery;
- Failing to prepare the patient for the surgery correctly;
- Failing to use proper surgical techniques;
- Making an error during the surgery; and
- Failing to recognize and address complications during the surgery or recovery period.
Not every failed surgery case will qualify for a medical malpractice lawsuit. Sometimes, surgeries fail to go as planned, despite the doctor’s best efforts, because of factors outside the medical team’s control, such as unforeseen complications or a patient’s underlying medical condition.
Understanding Medical Malpractice & When it Occurs
Before diving into the specifics of suing a doctor after a failed surgery, it’s essential to understand the concept of medical malpractice. Medical malpractice occurs when a medical professional’s negligence or misconduct harms their patient. To prove medical malpractice, you and your attorney must demonstrate the following elements:
- Duty of care—You must prove your doctor had a duty of care to provide you with a certain standard of care and treatment;
- Breach of duty—You must prove your doctor breached that duty of care by failing to provide the required level of care;
- Causation—You must prove your doctor’s breach of duty caused your injury or harm; and
- Damages—You must prove your doctor’s breach of duty caused you financial, physical, or emotional harm.
Medical malpractice can be a traumatic experience and wondering if you can sue a doctor for a failed surgery is a logical thought. If you can establish all of these elements, you can file a lawsuit against the medical professional who caused your harm and seek compensation for your damages.
However, filing a medical malpractice lawsuit can be complex and challenging, so consulting with a surgery malpractice lawyer who can provide legal advice and representation is essential to improving your chances of success.
Lawyer for Surgery Gone Wrong: The Role of a Surgery Lawyer
A surgery lawyer is a legal professional who specializes in medical malpractice cases involving surgical procedures. They represent clients who experienced failed surgeries and help them navigate the complex legal process of filing a medical malpractice lawsuit.
One of the most critical roles of a surgery lawyer is to prove that the medical professional breached the standard of care. Proving a breach can involve consulting with medical experts who can testify about the accepted standard of care in similar cases and whether the doctor or surgeon deviated from that standard.
The surgery lawyer can also provide valuable legal advice and guidance, conduct investigations, gather medical records, interview witnesses, and review hospital policies to build a strong case for their client.
If your lawyer for surgery gone wrong determines that malpractice occurred, they can negotiate a settlement with the medical professional’s insurance company or legal team to help you receive fair compensation for your injuries. And if your claim does not settle, they can help you file a lawsuit against your healthcare provider and represent you in court.
A Missouri Failed Surgery Lawsuit: What to Expect
Filing a failed surgery lawsuit can be a complicated and time-consuming process. The first step is to consult with a surgery lawyer who can review your case and provide legal advice. The lawyer will likely conduct an investigation, gather evidence, consult with medical experts, and determine your potential damages.
Once your lawyer completes the investigation, they will draft and file a complaint outlining the allegations against the medical professional and the damages you suffered. The complaint must be served on the defendant, who will then file a response.
In Missouri, you must also file an affidavit when bringing a medical malpractice lawsuit. The affidavit must state that you have received a written opinion from a qualified healthcare provider stating that your surgeon breached their duty of care and caused your injury. The affidavit must be filed within 90 days of your complaint, although an extension can be granted for good cause.
After your lawyer files the complaint and the defendant files their response, the discovery process begins. During this stage, both sides gather evidence and information about the case. This process can involve depositions, requests for documents, and interrogatories.
Failed surgery lawsuits often settle before going to court. If your case does not settle, it will proceed to trial. A trial will involve your lawyer questioning witnesses, arguing on your behalf, and presenting evidence to a judge or jury, who will decide whether the medical professional was negligent. If you win, you may be awarded compensation for medical expenses, lost wages, pain and suffering, and other losses.
Botched Surgery FAQs
What Do I Need to Prove to File a Lawsuit for Failed Surgery?
You must prove duty of care, breach of duty, causation, and damages. This involves showing that the doctor failed to provide the necessary care, which resulted in your injuries.
How Long Do I Have to File a Medical Malpractice Lawsuit in Kansas for a Surgery Gone Wrong?
In Kansas, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury.
Can I Sue if I Signed a Consent Form for the Surgery?
Yes, signing a consent form does not waive your right to sue if the surgery was performed negligently or if the doctor failed to disclose significant risks.
What Damages Can I Recover in a Failed Surgery Lawsuit?
You may recover compensation for medical expenses, lost wages, pain and suffering, and other related damages resulting from the failed surgery.
Seek Justice for a Failed Surgery with Dempsey Kingsland & Osteen | Millions Won Since 1986
If a medical professional injured you during surgery, the skilled and compassionate advocates at Dempsey Kingsland & Osteen can help you get your life back on track. It is normal to be wondering if you’re asking yourself “Can you sue a doctor for failed surgery” if you experienced a failed surgery.
Since 1986, we’ve resolved numerous serious medical malpractice cases and won millions of dollars in compensation for our clients. We are known locally as the premier law firm for medical malpractice cases in Kansas City, MO, and we employ full-time doctor and nurse experts to assist with malpractice claims. We combine a client-first approach with unparalleled professionalism, which means you can rest assured knowing you’re in competent and caring hands.
Let us hold the negligent healthcare providers who hurt you accountable for their actions. Contact us today for a free consultation. We provide evening and weekend appointments to better accommodate your schedule.
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