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.
💡 Key Takeaways
- Surgical mistakes may qualify as medical malpractice: If a surgeon’s error caused serious harm, you may have the right to pursue a medical malpractice claim.
- Not every bad outcome is malpractice: A claim usually requires proof that the surgeon failed to meet the accepted standard of care.
- Compensation may cover major losses: You may be able to recover damages for additional medical care, lost wages, pain and suffering, and long-term complications.
- Evidence is critical: Medical records, expert reviews, surgical notes, and follow-up treatment can help determine whether negligence occurred.
- Kansas City patients should act quickly: Missouri medical malpractice claims have strict filing deadlines, so early legal guidance can help protect your rights.
What Happens If a Surgeon Makes a Mistake During Surgery?
If a surgeon makes a mistake, the patient may suffer minor to severe injuries, including life-threatening complications or death. Victims can file a medical malpractice lawsuit if the error results from negligence. Surgeons may face disciplinary actions, license suspension, or revocation by the medical board.
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.
See what our clients have to say about our services:
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.
FAQ: Surgeon Makes a Mistake During Surgery
What should I do if a surgeon made a mistake during surgery?
If you believe a surgeon made a mistake, seek follow-up medical care immediately and request copies of your medical records. Then speak with a Kansas City medical malpractice lawyer who can review the records, determine whether the error may qualify as negligence, and explain your legal options.
Can I sue a surgeon for making a mistake during surgery?
You may be able to sue if the surgeon’s mistake violated the accepted standard of care and caused you harm. A poor result alone is not always enough. A medical malpractice claim usually requires evidence that another reasonably careful surgeon would have acted differently under similar circumstances.
What are examples of surgical errors that may be malpractice?
Examples may include operating on the wrong body part, damaging organs or nerves, leaving surgical instruments inside the body, anesthesia errors, preventable infections, or failing to monitor a patient after surgery. Whether the error qualifies as malpractice depends on the facts and medical evidence.
What compensation can I recover after a surgical mistake?
Compensation may include additional medical expenses, corrective surgery, rehabilitation, lost income, reduced earning capacity, pain and suffering, emotional distress, disability, and reduced quality of life. If the surgical mistake caused a fatal injury, surviving family members may have a wrongful death claim.
How do you prove a surgeon was negligent?
To prove negligence, you generally need to show that the surgeon failed to meet the accepted medical standard of care and that this failure directly caused your injury. These cases often require expert medical testimony, surgical records, imaging, hospital notes, and documentation of the harm you suffered.
How long do I have to file a surgical malpractice claim in Missouri?
Missouri medical malpractice claims are subject to strict deadlines, and waiting too long can prevent you from recovering compensation. Because surgical errors are often discovered during follow-up care or after complications appear, it is important to speak with an attorney as soon as possible.
Additional Reading
Can You Sue a Doctor for a Failed Surgery?
Where to find our Kansas City, MO office:
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.
Loading...