A surgeon made an incorrect incision while performing a gastric bypass on my husband. Can we file a malpractice action for the surgical error that he suffered?
A surgeon made an incorrect incision while performing a gastric bypass on my husband. Can we file a malpractice action for the surgical error that he suffered?
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Answer:
As a general rule, any individual who has suffered or has been harmed as a result of the medical malpractice can sue. For example, a wife who has been deprived of her husband's companionship and household services has standing to sue. In cases involving catastrophic injury, a claim for loss of parental consortium may be brought by the patient's children. Where the surgical error resulted in the patient's death, many states allow his or spouse, children, and parents to recover under their wrongful death statute. A patient's estate may file a claim under the state's survival statute to collect damages, including pain and suffering, hospital bills, and funeral bills, incurred by the patient from the time that he or she was injured until the time of his or her death.
Talk to a Medical Malpractice Lawyer to find out what options you have to file a lawsuit and demand compensation for the injury.
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Posted by Yara Zakharia on 08 Apr 2010