How do I determine if a botched operation was the result of surgeon malpractice?

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Question:

How do I determine if a botched operation was the result of surgeon malpractice?

Answer:

It can be difficult in some cases to know if a botched operation was the result of surgeon malpractice because the patient is not aware of the surgeon’s actions during the procedure. 

If something goes awry during a surgery, the medical provider, or the hospital bears the burden of proving there was no error on the part of the surgeon or the surgical staff.  Years ago, the burden was on the patient and the courts realized that was unfair because all the people in the operating room could agree to keep what happened in the operation a secret and no one could ever discover what really happened in a botched surgery. 

The shift in the burden of proof has helped patients in making malpractice claims that result from a botched surgery, but it is important to remember that some surgeries, especially complicated surgeries, may be botched not because of negligence, but because of the specific condition of the patient which may make the failed surgery unavoidable.

Talk to a Medical Malpractice Lawyer to find out if the surgeon, hospital or staff are liable for negligence, and what you can do to seek compensation for the injury.

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