When you go into surgery, you trust your surgeons with your life. Unfortunately, not every surgery goes as it should.
So what happens if a surgeon makes a mistake during surgery? If your doctor made a mistake during surgery and you suffered an injury as a result, you may have a claim for medical malpractice.
At Dempsey, Kingsland & Osteen, we understand the trauma of suffering a surgical error, and we are here to help you.
What Happens If a Surgeon Makes a Mistake During Surgery?
When a surgeon makes a mistake that causes harm, it might be grounds for a medical malpractice claim. In these situations, the injured patient may be able to take legal action to recover compensation. However, it must be proven that the surgeon failed to meet the accepted standard of care, and that this failure directly led to the injury.
Patients can pursue legal action through medical malpractice claims. Surgeons facing errors may face disciplinary actions. Timely communication, transparency, and post-operative care can mitigate outcomes. Critical situations may necessitate additional surgeries or interventions. Follow the following steps:
Step 1: Hire a Medical Malpractice Attorney
Reach out to a medical malpractice attorney as soon as possible. This step is crucial in building a strong malpractice case.
An experienced medical malpractice attorney can help you get the most compensation possible if you suffered a surgical error.
Further, your attorney will be able to help you file the necessary paperwork and make sure you meet important deadlines, like the statute of limitations.
Step 2: Help Gather Evidence
What happens if a surgeon makes a mistake during surgery? If you believe your surgeon made a mistake during surgery, it will be important to gather evidence of the error.
You will want to keep all the relevant medical records and medical bills, as they will be useful down the line.
In addition, your medical malpractice attorney will help you investigate and collect evidence of the alleged malpractice.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional provides a negligent treatment that causes injury to a patient.
Some broad categories of medical malpractice include:
- Failure to diagnose a medical condition,
- Misdiagnosing a medical condition,
- Medical facility falls and pressure injuries,
- Medication errors,
- Errors during childbirth, or
- Surgical errors.
If a surgeon makes a mistake during surgery, it can be considered medical malpractice. Patients may be entitled to compensation for medical errors and additional medical costs if they promptly file a medical malpractice lawsuit.
Notably, it is not always a doctor who is liable for malpractice.
Sometimes, it is the hospital, a nurse, or other medical professionals that performs a negligent act and can be liable for medical malpractice.
To What Kind of Compensation Am I Entitled After Suffering a Surgical Error?
Because every case is different, your medical malpractice attorney will be the one to tell you just how much compensation you may be entitled to.
However, if your surgeon negligently made an error during surgery, you may be able to recover the cost of:
- Medical bills,
- Prescription medication,
- Physical therapy,
- Costs of care,
- Lost wages,
- Lost future earnings, and
- Lost employment benefits.
In addition to these quantifiable costs, you may also be able to recover damages for other very real injuries that are not so readily quantifiable, such as:
- Pain and suffering,
- Mental distress,
- Disfigurement,
- Loss of consortium, and
- Loss of enjoyment of life.
A medical malpractice attorney can explain these types of damages more in-depth.
How Can Dempsey, Kingsland & Osteen Help if a Surgeon Makes a Mistake?
At Dempsey, Kingsland & Osteen, we have decades of experience handling medical malpractice cases, including surgical errors.
We have been serving the Kansas City area for over 35 years and have recovered millions of dollars on behalf of our clients.
Please reach out to us today for a free consultation at 816-290-6896.
Additional Reading
Can You Sue a Doctor for a Failed Surgery?
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
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