Drivon Turner & Waters,PLC

Medical Malpractice: Surgical errors

Surgical errors are a very serious matter. Many, many times they are the cause of serious injury or even death, and they happen all across the country. As with any medical malpractice claim, an injured party or the family of the deceased bears a large burden of proof in order to successfully gain compensation.

A valid surgical error must involve the failure of a surgeon to provide the appropriate standard of care, and in doing so, cause harm to the patient. This is the main point that a Plaintiff absolutely must be able to prove beyond any reasonable doubt. This does not mean that an injury did not occur in surgery. Rather, it means that the injury did occur, but was out of the control of the surgeon. In other words, there were no other actions that could have been taken by the surgeon or surgical team in order to prevent the injury.

Some common surgical errors include operating on the wrong body part, leaving a surgical instrument inside a patient's body, administering too little or too much anesthesia, or acting out of gross negligence by utilizing surgical instruments that had not been sterilized.

As with all medical malpractice cases, a surgical error claim is extremely complex, time-consuming, costly, and burdensome to prove. Surgeons are often very protected, both by their insurance companies as well as their colleagues and employers. A Plaintiff in these types of cases may want to obtain the services of a knowledgeable attorney prior to delving into such tumultuous waters.

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