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Kentucky Surgical Errors Attorneys

Help in Lexington and Louisville when you suffer harm or injury during surgery

Most surgical procedures, whether major or minor, go without incident. However, in some cases, things go wrong and patients end up in much worse shape than they started. In the worst cases, they end up losing their lives in a procedure that hundreds of other people survive every day. Often when mistakes occur in the operating room, the reason is human error or negligence.

The surgical error attorneys at Wilt & Associates, PLLC defended doctors and hospitals for over 15 years. This gives us the experience, resources, and knowledge to protect people like when injured by medical malpractice. We know how to build a case and go up against insurance companies in order to secure the financial compensation to which you are entitled for your injuries and suffering.

Do surgical errors fall under medical malpractice in Kentucky?

Yes. It is important to remember, however, that just because a surgeon or medical professional makes a mistake, it does not necessarily mean they have committed medical malpractice. A successful surgical malpractice claim meets the following elements:

  • Your surgeon failed to meet the accepted medical and surgical standard of care
  • You suffered harm and/or injury as a result of that failure
  • Your injuries caused you to sustain losses and damages

Peter Moffett, MD and Gregory Moore, MD, JD explain the concept of “standard of care” in medical malpractice:

…if others in the business are commonly practicing a certain way that eliminates hazards, then this practice can be used to define the standard of care. A jury still needed to decide, however, whether this “custom” was reasonable and whether the deviation from this “custom” was so unreasonable as to cause harm.

What are some examples of surgical errors?

We have obtained favorable results for our clients in cases where surgeons:

  • Operated on the wrong area or amputated the wrong limb
  • Made incision errors, leading to internal bleeding
  • Improperly administered anesthesia
  • Operated on the wrong patient
  • Caused severe nerve damage
  • Left behind foreign objects in patients

These errors can occur for countless reasons, and they can leave a patient with permanent injuries, like spinal cord injuries, paralysis, traumatic brain injuries, wrongly amputated limbs, and more. We can help you to identify the mistakes that were made, why they were made and the compensation to which you may be entitled.

What leads to Kentucky surgical errors?

Medical malpractice and surgical mistakes often result from negligent care and human error. Some of these include:

  • Fatigue. Surgeons and other surgical staff work long and grueling hours. If they fail to get proper rest and sleep, they are more likely to make mistakes. Further, when a person is overtired, their reaction time is slower, which can prevent them from reacting properly in an emergency situation.
  • Operating under the influence. Like anyone else, surgeons may use drugs or alcohol due to dependency issues or because of a drastically bad decision. Regardless of the reason, when a surgeon is under the influence on the job, tragedy will likely follow.
  • Lack of training or experience. If a surgeon, anesthesiologist, or other surgical staff is unable to handle a complex procedure, or a surgery with unexpected complications, a patient is at heightened risk for injury. Surgeons must be competent, or if they are inexperienced, monitored by an experienced physician.
  • Failure to communicate. Surgical teams must be in communication, from pre-op to post-op. This includes marking the correct area for surgery, bringing the right patient to the operating room, ensuring the patient has the correct medications, and communicating properly during the surgical procedure to prevent any errors.
  • Carelessness. Finally, sometimes a surgeon or surgical staff are simply careless. From sloppy stitching to leaving a surgical tool inside the body to unsterilized instruments, there are dozens of ways a careless doctor can cause severe injuries to a patient.

Some people do not even realize that they have been victims because someone tried to conceal the mistake. We will fight your case by calling on experts in the medical field to testify that the medical professionals were negligent.

Who is liable for my surgical error injury claim?

The good news is that no medical professional is exempt from having a medical malpractice lawsuit brought against them if they failed to uphold the duty of care. This means that any person within the medical community can be held accountable for their negligence when they caused you or your loved one injury, including:

  • Physicians
  • Nurses
  • Obstetricians
  • Hospitals
  • Surgeons
  • Anesthesiologists
  • Doctor’s offices
  • Midwives
  • Certified nursing assistants

For help filing a civil claim against the surgeon who caused your injuries, reach out to a highly trained Kentucky medical malpractice lawyer at Wilt & Associates today.

What is the value of my Kentucky surgical error claim?

Injuries from surgical errors can affect you for the rest of your life, and it is crucial that when seeking compensation, you understand the total scope of your injuries. The personal injury attorneys at Wilt & Associates work to determine not only how your injuries are financially affecting you now, but how they will also do so in the future.

We fight to secure the compensation to which you are entitled for:

  • Medical expenses, current and future
  • Lost wages and future earning potential
  • Rehabilitation services
  • Pain and suffering

It is also important to keep in mind the statute of limitations for medical malpractice lawsuits in Kentucky. The sooner you contact our attorneys, the sooner we can get started on your case.

Can you help if a surgical error caused the death of my loved one?

Yes. If a surgeon’s error caused your loved one to die, you may be able to file a wrongful death lawsuit to hold them accountable for their negligence. Once probate court has named the personal representative of their estate, that party can then file a lawsuit against the negligent surgeon with the assistance of a qualified Kentucky wrongful death lawyer.

Like any personal injury claim, wrongful death claims must be filed within one year of the death in order to be heard by the courts. If the lawsuit is successful, the representative of the estate will use the award to cover funeral and burial costs, the costs of the lawsuit, and the decedent’s medical expenses.

What remains will be for the benefit of the surviving family to provide restitution for things such as lost earning capacity, loss of companionship and love, loss of guidance and support, and other damages.

Do you have a surgical error attorney near me?

Wilt & Associates has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A
Louisville, KY 40223
Phone: 502-253-9110

Lexington Office

196 W. Lowry Lane, Suite 1
Lexington, KY 40503
Phone: 502-461-1481

If you are too injured or ill to travel to us, we can arrange a phone or video conference. We also make hospital visits when necessary.

Talk to our Louisville and Lexington medical negligence lawyers

At Wilt & Associates, our attorneys represented hospitals and doctors for 15 years. We know when a duty of care has been breached and when it is necessary to take immediate action. Our unmatched track record of successful results for victims of surgical errors is why our former and current clients continue to refer us to their family and friends. To talk about your case, please call 502-253-9110 or fill out our contact form to schedule a free consultation. We maintain offices in Lexington and Louisville, and proudly serve clients throughout Kentucky.