When a surgeon makes a mistake, the consequences can be devastating. The implications for the patient may include additional surgeries, longer recovery times, permanent injuries, or even death. While all surgeries carry some inherent risks, there’s a significant difference between a known complication and a preventable error caused by negligence.
Understanding Surgical Errors as Medical Malpractice
Not every poor surgical outcome qualifies as malpractice. Surgery is complex, and complications can occur even when surgeons provide excellent care. However, when a surgeon fails to provide care that meets the standard a reasonably competent medical professional would provide under similar circumstances, and this failure causes harm, you may have grounds for a medical malpractice claim.
Common Surgical Errors That May Warrant Legal Action
Surgical teams can make various preventable mistakes that harm patients. Some of the most common include:
- Incorrect site surgery: This error occurs when a surgeon operates on the wrong body part, side of the body, or performs the wrong procedure altogether. These “never events” occur when medical teams fail to follow proper verification protocols.
- Foreign objects left behind: Surgeons sometimes leave sponges, clamps, or other instruments inside patients after closing the surgical site. This negligence can cause severe infection and pain, and it often requires additional surgery to remove the item.
- Anesthesia errors: Administering too much or too little anesthesia can cause awareness during surgery, brain damage, or even death. Anesthesiologists must carefully calculate appropriate dosages based on patient factors like weight, age, and medical history.
- Nerve damage: Surgeons who operate carelessly can sever or damage nerves, leading to chronic pain, numbness, or loss of function that affects a patient’s quality of life.
- Infection due to improper sterilization: Medical facilities must maintain strict sterilization protocols. When they fail to properly clean instruments or the surgical site, patients can develop serious infections that complicate recovery.
Proving a Surgical Error Malpractice Case
To succeed in a surgical error malpractice claim, you must first demonstrate that you had a formal doctor-patient relationship with the surgeon who made the error. You will then need to prove that the surgeon’s actions failed to meet the accepted standard that a reasonably competent surgeon would have provided under similar circumstances.
Crucially, the surgical error must have directly caused your injury or worsened your condition. Proving this point requires testimony from medical experts who can explain how the error led to your harm. You must also show that you suffered specific harm from the error, such as additional medical bills, lost wages, pain and suffering, or reduced quality of life.
Finally, Arizona law requires you to file a medical malpractice lawsuit within two years in most cases. Missing this deadline can disqualify you from seeking the compensation you deserve through the court system.
What to Do If You Suspect a Surgical Error
If you believe you or a loved one has been harmed by a surgical error, take these critical steps:
- Seek immediate medical attention: Your health comes first. See another qualified medical professional to address any complications and document your condition.
- Request and preserve medical records: Obtain copies of all relevant medical records, surgical notes, and tests documenting what happened during and after your procedure.
- Document your experience: Keep a detailed journal about your symptoms, limitations, and how the injury affects your daily life.
- Consult an experienced attorney: Medical malpractice cases are complex and require knowledge of both medicine and law.
Getting the Help You Need
At Gill Law Firm, we can review your case, determine whether you have grounds for a medical malpractice claim, and fight for the compensation you deserve. Our experienced team will stand by your side and help you seek justice for the harm you’ve suffered. Contact us today for a free consultation with an experienced medical malpractice attorney in Arizona.