About 250,000 people in the US die every year from medical errors. In fact, medical errors are the third-leading cause of death after heart disease and cancer. Other studies report the number of medical errors could account for 440,000 deaths each year.
If surgical errors caused you to sustain an injury or left you without a loved one, you might have a medical malpractice case. Despite how often surgery errors occur, there’s still a lot that people don’t know about these cases.
Keep reading to learn seven things you need to know about medical malpractice lawsuits for surgical errors. With this guide, you can prepare yourself for the process ahead. Read on to learn more!
1. What is Medical Malpractice?
First, it helps to have a better understanding of medical malpractice as a whole.
A surgeon isn’t necessarily liable for medical malpractice if a surgical error occurred. For example, there’s a chance the treatment you receive still adhered to acceptable standards of medical care. If you received sub-standard treatment, you’ll have to prove it caused harm to make your case.
Once you prove there was a surgical error and you received sub-standard care, you’ll need to prove the error caused bodily harm.
2. What are Surgical Errors?
In order to prove your case, you’ll also need to understand more about surgical errors. What constitutes a surgical error, exactly?
Surgical errors are preventable mistakes that occur during the course of medical surgery. However, all surgeries involve a little risk. You’ll likely have to sign a form before you begin surgery that states you understand the risks involved with that course of treatment.
Any mistakes beyond the known risks fall under surgical errors.
3. What Causes Surgical Errors?
There are a few different reasons a surgeon might make a medical mistake.
For example, there’s a chance your surgeon hasn’t performed that surgery many times before. As a result, they might lack the necessary skin to successfully perform the surgery, which indicates incompetence.
Sometimes, insufficient preoperative planning causes a surgical error. The surgeon shouldn’t rush into surgery unless it’s absolutely necessary or an emergency.
An inadequate work process can cause an error, too. After all, you wouldn’t want a surgeon to take shortcuts during an important surgery.
Your surgeon might also make a mistake if there’s poor communication between team members.
For example, what if your surgeon marked the wrong area to operate on? Someone might make a mistake about your medications or the equipment needed for your procedure as well.
Your surgical team might also make an error if they’re tired. Some surgeons even use drugs or alcohol to deal with the stress and fatigue, which might also lead to a mistake.
4. Medical Malpractice Examples
There are a few different examples of medical malpractice surgical errors, including:
- Administering too much/little medication
- Cutting into the wrong location
- Operating on the wrong patient
- Neglecting to remove all surgical equipment from the patient
- Injuring a nerve or nicking an artery during surgery
- Operating on the wrong body part
Understanding the specifics of your lawsuit can help you strengthen your case.
5. What Makes It a Case?
In order to make a claim, you’ll need to prove you had a relationship with the surgeon that caused your injury. You’ll also need to prove the injury caused damage.
Your lawyer will use expert medical witnesses to prove the extent of your injuries.
6. Statute of Limitations
It’s important to note that medical malpractice cases have their own statute of limitations. The statute of limitations, or time limit you have to file your case, depends on the state you’re in. You might have a difficult time filing your claim if the statute of limitations lapses.
In fact, the courts might dismiss your case altogether if it’s not filed in time.
With that in mind, it’s important to file your medical malpractice lawsuit as soon as possible.
However, you might not realize you’ve sustained an injury as a result of a surgical error until months after the surgery. In Hawaii, you have two years after discovering the injury to file your claim.
Once you recognize the injury, the clock starts ticking. You have two years from the day you discover the injury. However, you’ll need to consider the statute fo repose, too.
The statute of repose states that you can’t file a medical malpractice lawsuit six years after the surgery that caused the injury.
However, there are a few exceptions that will allow you to file your claim beyond this timeframe. Make sure to speak with a lawyer as soon as possible to file your lawsuit before time runs out.
7. Hire a Lawyer
If you’re filing a medical malpractice lawsuit for surgical errors, you don’t have to go through the process alone. Instead, consider hiring an experienced and qualified medical malpractice attorney.
Consulting a professional attorney before you file your case can help you avoid costly mistakes. Otherwise, you might find the claim is denied before you even go to trial.
Make sure to find a lawyer who has prior experience with medical malpractice claims. Their previous experience with surgery errors can give you an advantage. They’ll also remain up-to-date with any relevant and recent cases or procedures that could impact your case.
Before choosing an attorney, make sure to visit your local bar association’s website. Look for a lawyer who is licensed to practice currently. You’ll also want to choose someone with many years of experience under their belt.
What’s their track record like? How many surgical error cases have they won? What type of compensation do they usually win for their clients?
It can help to speak with the lawyer’s previous clients, too. That way, you can develop realistic expectations about what it’s like to work with that attorney. Ask about the client’s experience and if they experienced any problems throughout the duration of their case.
When you speak with the attorney, make sure they have strong communication skills. After all, you’re hiring the attorney to speak on your behalf. They’ll need strong written and oral skills to argue your case.
The attorney will state your case in front of a judge. Their argument can ensure you receive the compensation you rightfully deserve.
Stitching Up Surgical Errors: 7 Things to Know About Medical Malpractice Lawsuits
You don’t have to prove your medical malpractice lawsuit for surgical errors alone. Instead, consider consulting a lawyer. They can help strengthen your case to help you receive the compensation you deserve.
Eager to make your case? Contact our offices today.
