Unfortunately, surgical errors are common. They lead to large numbers of patients filing a significant number of medical malpractice lawsuits each year. Sometimes, hospitals and doctors are overwhelmed with patients and surgeries, which leads them to not have enough time to deal with the patients individually. But that’s no excuse.
If you or a loved one have experienced surgical errors, you might be wondering how to file a civil claim and how the process works. Speaking with a lawyer from Wilt and Associates, PLLC, can get your questions answered.
Legal Claims Process
Every surgical error is not malicious. In order to file a civil claim, you need to prove that there was medical malpractice. This involves establishing that the medical standard of care was not met in the procedure.
The medical standard of care is what a reasonably skilled surgeon would have done under a similar circumstance. You will need to show that your surgeon failed to measure up to that standard of care. You must also show that the negligence caused actual harm to you as the patient.
Surgical errors can cause more medical bills, and you may need corrective procedures. If the error was serious, some patients might find that their health and life cannot be the same. Some patients also need to recover losses that they suffered as a result of not being able to work or having to work less because of their injuries.
In some cases, patients can even die as a result of a surgical error. In this case, family members might want to try to recover losses because they lost their loved ones. Family members might even be able to bring a legal claim in the form of a wrongful death suit.
Examples of Surgical Errors
Some surgical errors are more obvious than others. Sometimes, though, you might not be sure if you suffered from a surgical error and have the grounds for a medical malpractice claim. Here are some types of surgical errors that happen in hospitals:
- Wrong-Site Surgery – This happens when surgery is performed on a wrong part of the body.
- Wrong Patient – This happens when the wrong patient is taken into surgery, and they end up getting a surgery that they don’t need.
- Infection – This happens when the surgeon uses dirty or incorrect instruments or procedures and the patient ends up with an infection.
- Instrument Left in the Body – This happens when a surgeon leaves a medical instrument in the body and sutures before removing it.
- Damage to Internal Organs – This happens when a surgeon accidentally damages (for example, punctures) an organ while performing surgery. Needless to say, this can cause serious complications during surgery.
Find Out How a Lawyer Can Help with a Civil Claim
If you or someone you know has suffered from a surgical error, call Wilt and Associates, PLLC, at 502-253-9110. You can also fill out the online contact form. Our lawyers are ready to help you with anything you need.