When Is a Surgical Error Considered Medical Malpractice?

 Posted on October 19, 2020 in Medical Malpractice

Most people are nervous before going into surgery. This is certainly understandable. There are countless things that could go wrong during a surgical procedure, and a successful outcome is never guaranteed. While some negative surgical outcomes are unavoidable, other times, a patient’s injury or death during surgery is the result of medical malpractice. If you or a loved one were the victim of a surgical error, you may be entitled to financial compensation through a medical malpractice claim.

Medical Standard of Care

A surgeon, just like other medical professionals, has a duty to provide reasonably skilled medical treatment to the patients in his or her care. A surgeon fails to uphold this crucial duty if he or she provides treatment that violates the medical “standard of care.” The medical standard of care is the type of care that a medical professional of similar training and status would have provided in a comparable situation. In most medical malpractice claims, medical authorities offer expert opinions about whether the physician, surgeon, or other medical professional in question violated the medical standard of care.

Types of Surgical Mistakes That May Lead to Medical Malpractice Claims

Surgeons, like everyone else, may make mistakes from time to time. However, some mistakes are so egregious that they are unforgivable. One of the most disturbing examples of these so-called “never events” occurs when an item used during surgery is left inside of a patient’s body. Other examples of surgical errors that may often lead to medical malpractice claims include:

• Performing a surgical procedure on the wrong body part
• Mixing up patients or performing surgery on the wrong patient
• Performing the wrong type of surgery on a patient
• Performing an excessively risky surgery or surgical strategy
• Administering the wrong medication or an incorrect dose of medication to a patient during surgery
• Failing to follow-up with a patient after surgery
• Failing to maintain a sanitary surgical environment
• Failing to recognize and address complications during surgery
• Anesthesia-related mistakes such as incorrect dose of anesthesia medications, intubation errors, and failing to properly monitor patient for anesthesia-related problems during surgery

Contact a Schaumburg Surgical Errors Lawyer

If you or a loved one were the victim of a surgical error, you may have a valid medical malpractice claim. You could be entitled to compensation for medical expenses, pain and suffering, loss of enjoyment of life, disfigurement, disability, and much more. Contact Newland & Newland, LLP and schedule a free consultation with a skilled Rolling Meadows medical malpractice attorney from our firm. Call 847-797-8000 today.

Source:

https://psnet.ahrq.gov/primer/never-events