I received a serious burn during a recent electrosurgical procedure at a local hospital and now I'm often in pain because of it. The cost of painkillers alone is wreaking havoc with my finances and I feel that I shouldn't have to bear the financial cost for someone else's incompetence. Is the hospital liable for my injury?




Answer:
Hospitals are under a duty of care to prevent injuries to patients. Unfortunately, even with the strictest precautions, accidents happen. However, if hospital staff were negligent, falling beneath the basic standard of care, the hospital is definitely liable for any resulting injury. This extends to injuries that occur during surgeries. Types of surgical injuries include sharps injuries which are cuts and lacerations caused by scalpels and needles. Burn injuries also occur during surgical procedures and the most common culprits are intravenous bags or warming devices such as hot compresses and heating blankets. Electrosurgical procedures bring their own burn risks because of electrodes used to cut through the skin. Faulty equipment or a mistake in calibration can lead to burns. In any surgical procedure, hospital personnel need to be properly trained regarding any equipment used.
Talk to a Medical Malpractice Lawyer to get a case consultation and find out what options you have to file a civil complaint against the hospital.
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Posted by Sharon Cullars on 28 Apr 2010