Surgical Error Medical Malpractice Lawsuit Eberst Law Attorney

Neglect and Error in Surgery Causes Injury

Surgery is a common form of medicine that is done every day to save lives and heal illness across the world. It has evolved and advanced throughout the ages to the modern medical marvel we know now that can transplant hearts or reattach limbs. While surgery is capable of quite a bit, it still has an element of risk that comes with it. Doctors and other medical professionals do all they can to help minimize this risk and ensure the safety of patients.

These risks of surgery are effectively reduced to the point that there is not any issues most of the time. However, there are instances when a liable party like a surgeon or the hospital is negligent and does not take the necessary precautions when it comes to making sure that a patient is kept as safe as possible. This negligence can often result in severe injury and even death of a patient.

Seeking compensation With a Medical Malpractice Claim

People that suffer injuries because of the negligence of a hospital, doctor, etc. have the right to seek compensation for the damages that they suffered such as lost wages, medical expenses, pain and suffering, etc. An injured patient can take legal action through what is called a medical malpractice claim. By filing a  medical malpractice claim and proving that a liable party did not provide the expected standard of care and caused their injury, a plaintiff can ensure that those responsible are held accountable for their negligence.

In order to ensure that a medical malpractice claim gets the best chance possible at successfully recovering compensation for damages suffered due to medical malpractice, it is recommended that you seek a lawyer. An attorney experienced in investigating and negotiating medical malpractice claims successfully is essential for securing the best settlement possible. Even with their fee taken into account, a settlement negotiated with the assistance of an experienced lawyer is almost always more than a settlement attempted by someone alone.

What is Medical Malpractice?

Medical Malpractice can be defined as when a hospital or medical professional injures a patient through their negligent actions that violate the standard of care. Medical malpractice can occur across in all kinds of medical situations from medication administration to psychological care. However, medical malpractice in in surgical scenarios can be especially damaging. The injuries sustained through surgical errors can often disable a person for the rest of their life.

Surgical medical malpractice is determined via whether a person is found to have offered services falling beneath the standard of care. Most surgical medical malpractice claims revolve around standard of care which can be defined as the expected level of professional services offered in the context of that professional’s contemporaries. For example a doctor that works in a smaller medical facility with limited resources will not be held to the same standard of care as a doctor that works at a major hospital with state of the art equipment and training.

Defining a Surgical Error

A surgical error can be defined as a mistake made during surgery that was avoidable. No two surgeries are completely alike and all involve some form of risk so patients are often required to sign a form that states they give informed consent to proceed. A surgical error that is the focus of a medical malpractice case will go beyond the level of assumed risk that was part of the surgery.

What Causes Surgical Errors to Occur?

Incompetence and Inexperience– A surgeon may not be very experienced and will have not have performed a type of surgery much before. This can mean that they lack the skill needed to make sure that surgery is performed correctly and safely.

Bad Communication – A surgeon and all other medical professionals involved in a surgery need to work as a team which means they need good communication. Without this, the risk of a complication or error occurring during a surgical procedure is increased.

Drugs/Alcohol Intoxication– It goes without saying that a doctor attempting to perform their duties while under the influence is unfit to practice medicine.

Poor Preoperative Planning – Surgeons and supporting staff need to have a plan in place to make sure that a patient is kept safe for any eventuality. Murphy’s law exists and doctors regularly need to take this into account.

Fatigue – A doctor has to go through many patients and at times will pull very long shifts. This may cause fatigue that they may try to ignore and perform surgery which is risky.

Improper Work Process – A surgeon may deem parts of the surgical process as unnecessary and skip them. Shortcuts like this can lead to complications and injury.

Common Surgical Errors

A lot can go wrong in a surgery and injure the patient or even kill them. There tend to be a few surgical errors that are more common than others. These surgical errors include:

  • Leaving a piece of surgical equipment, e.g. sponges or needles, inside a patient
  • Injuring a nerves during surgery
  • Not following sanitary procedure by using unclean instruments, not wearing protective clothing, etc.
  • Administering too much, too little, or the wrong medication i.e. anesthesia error
  • Performing an incision at the wrong location
  • Operating on the wrong patient
  • Operating on the wrong body part
  • Closing a surgery wound incorrectly

Seek an Experienced Medical Malpractice Attorney

If you or a loved one have sustained an injury because of a surgical error caused by negligence,  do not hesitate to contact the medical malpractice attorneys of Eberst Law immediately. Our lawyers are happy to sit with you to discuss the details of your claim and provide some options on how you can go about taking legal action. Eberst Law has the medical malpractice experience you need in order to get the compensation you deserve after a painful surgical error.

Contact Eberst Law today at 772-225-4900 for a free, no-risk consultation about your injuries.

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101 SE Martin Luther King Jr Blvd

Stuart, FL 34994


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