Surgery Malpractice

If you want to sue your doctors, it is important that you find a lawyer who has appropriate experience in malpractice law. Winning medical malpractice case is not an easy task. Your lawyer must have good knowledge and experience in malpractice law.

How can you tell that your medical malpractice lawyer is good? A lot of people pick their lawyers, because their lawyers are friendly. A friendly lawyer is not always a good lawyer. When you choose your lawyer, you should ask a lot of question. If he/she can not answer your question right away, he/she probably is not good enough for you. You should research the lawyer’s background. You want to know how many cases he has actually won.

You should expect your lawyer to ask you about your medical history. When you talk to your medical malpractice lawyer, you should prepare to give a timeline of your medical events. You should be able to talk about your previous medical records from previous doctors, and you should know about your drug allergies.

The medical malpractice lawyer must prove four things to win the case.

Duty was owed: The doctor had an obligation to care of the patient.

Dereliction of Duty: The doctor failed to act in the best interest of the patient.

Breach caused an injury: This lack of act has adverse ramifications on the patient.

Damages occurred: The patient suffered a loss which could be either physical, mental or both

If your lawyer can prove these points, you can easily win your lawsuit. For more articles like this visit http://surgeymalpractice.info

Author: Pauline Go

Surgery malpractice is a very real, and very serious, issue for more patients than we would like to think.  It seems every day that there is a news report or some kind of show about surgical errors, some shown in a tongue-in-cheek manner for an outcome that can be devastating, even fatal for some patients.  If you, or a loved one, has been a victim of surgical malpractice, you should contact an attorney for legal advice, counsel and potential legal representation.  Need a Lawyer? LegalMatch allows you to present your case, and respond only to lawyers who want to help you. It’s Free & Confidential.
 

Television watchers who follow Grey’s Anatomy avidly will recall in the first season a woman came back to the hospital with a piece of a towel left inside of her abdomen from an earlier surgery at the same hospital. It was a horrific situation for the woman to be in as she had gone into the hospital expecting to be fixed and came out with a new problem that took years of mixed diagnoses to fix. While it may sound like fiction, it is not rare for a surgical team to forget to remove something from an individual’s body cavity prior to stitching the person up.

When an implement is left behind, it is generally not done so on purpose. Surgical implements fall or get covered by an internal organ that is put back in its appropriate place. The implement left behind can be anything from a piece of gauze to something much more hazardous to a person’s health.

Unfortunately, this type of accident is typically only fixable by a second round of surgery and all of the risks that imparts. With surgery come anesthetics and all of the risks associated with being put completely under. Reactions to the medications used are sometimes deadly. It is usually best to avoid surgery as much as possible, despite all of the precautions taken.

Another problem that sometimes occurs is the amputation or surgery on the wrong leg. For example, an individual might need to have bits of cartilage removed from his or her right knee. The doctor or nurse, however, will cut open the left knee and then be shocked not to find any cartilage. This is a problem because now the patient has to have a second bout of new surgery and is still living with the pain from torn cartilage.

The same thing can happen with an amputation. The problem with an amputation being that it can’t be fixed by a simple surgery. A person scheduled to have his or her right foot removed can have his or her left foot removed but that doesn’t fix the problem. So now, after the correct surgery is performed, the poor patient is left with no feet as opposed to one foot and a prosthetic. Even with all of the physical therapy in the world, a person may not ever regain full mobility.

Author: Joseph Devine

Joseph Devine

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Surgery Malpractice is a very complex malpractice, that includes many kinds of surgical practices, as well as many different kinds of errors and mistakes.  In fact, surgical malpratice is far more common than we want to think.  If you, or a loved one, has been a victim of surgical malpractice, you need to contact a malpractice lawyer in your area. 

Surgical mistakes may not always be as obvious as wrong site surgery. Surgical mistakes can include performing the wrong procedure at the correct surgical site, leaving a procedure incomplete, causing damage to the surgical or surrounding areas, failure to complete the intended procedure, anesthesia mistakes, and other acts or negligence of this nature. Surgical mistakes can also be the result of a medical expert’s failure to exercise due care at any point in the surgical process. Surgical mistakes that cause injury may give rise to medical malpractice claims. Surgical mistakes make up some of the most frequently reviewed potential medical malpractice cases. Surgical mistakes are far more common than many patients believe. In fact, surgical mistakes constitute one of the leading causes of preventable death in the United States. Regardless of intent, however, surgical mistakes can have devastating consequences for the victim.

An estimated 98,000 hospital patients are killed every year, according to the Institute of Medicine, as a direct result of medical malpractice. Some examples of surgical mistakes or malpractice include: Operating on the wrong site of the body, leaving surgical instruments inside the body after surgery, performing an unneeded surgery related to misdiagnosis, performing surgery on the wrong patient or wrong body part. Surgical mistakes make up some of the most frequently reviewed potential medical malpractice cases. However it is important to note that not every bad result means that malpractice occurred during surgery. Infection is a common, unintended, and unfortunate complication that can have devastating effects even though malpractice was not involved in the care. An experienced lawyer can help evaluate the circumstances surrounding surgical mistakes and medical malpractice. There is a statute of limitations on the filing of medical malpractice cases involving surgical injuries, so it is important to file a lawsuit as quickly as possible to have a chance of receiving a beneficial medical malpractice verdict. Talk to a medical malpractice lawyer as soon as possible if you or a loved one suffered injuries as a result of a surgical error. Physicians, nurses, all members of hospital staff, and any other individuals providing care to a patient may be guilty of medical malpractice. When these medical professionals fall below this standard of care, they may be guilty of medical malpractice. Medical malpractice can also include unsanitary or unclean conditions, negligent care, surgical mistakes, hospital mistakes, failure to diagnose, nursing home abuse, and many other issues.

Mistakes by the surgeon, anesthesiologists, nursing staff, and even lack of hospital procedure may constitute negligence. Mistakes can happen during all types of surgery. Mistakes occur not only in hospitals but in surgery centers, nursing homes, outpatient clinics and home care. Mistakes made during cosmetic procedures such as those related to the face or breast may not only be physically damaging to the patient but may result in deformities that leave the patient far worse off than they were prior to plastic surgery. Different procedures can vary significantly due to the nature of the human body, clerical errors can result in excess room charges, and simple mistakes can cost thousands of extra dollars. Despite the benefits of many surgical procedures, the incidence of surgical mistakes is alarming and the risk of serious injury or death significant. In fact, surgical mistakes constitute one of the leading causes of preventable death in the United States. Most surgical mistakes can be traced back to the negligence or wrongdoing of a physician or other healthcare professional. Regardless of intent, however, surgical mistakes can have devastating consequences for the victim. Surgical mistakes can also be the result of a medical expert’s failure to exercise due care at any point in the surgical process.

Patients and their families must advocate for themselves. Patient pressure: the tendency to push the doctor for certain treatments, such as antibiotics, sleeping pills, or behavioral drugs, even when they may not be in the best interests of health. In order to avoid patient pressure, we must let the doctor do their jobs, and instead of pressuring for a certain diagnosis, you may want to seek a second opinion. It is important to remember that patients in the operating room have no control over their surroundings, the actions of those in the room, and the care that is provided. That is why it is important to work with a doctor that you can trust. Most people just want to put their surgical accidents behind them, but the truth is that without some kind of closure, the feeling of victimization will continuously haunt the patient who was harmed. When medical negligence leads to surgical mistakes, the doctor responsible may be, and should be held liable for any damages caused to the patient.

If you think that you have been a victim of medical malpractice, the first step is contacting a medical malpractice lawyer. Finally, remember that you are an individual who is worthy of receiving compensation for medical malpractice when someone else hurts you.

Author: Jason D Weiss

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