Does an injury during surgery qualify as a medical malpractice case?
Does an injury during surgery qualify as a medical malpractice case?
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- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
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Answer:
An injury during surgery does not automatically qualify as a medical malpractice case. Injuries and post-surgery complications occur often but do not qualify as medical malpractice because they either could not be avoided or could not be anticipated. In order to qualify as medical malpractice an injury must be the result of a negligent act (or failure to act). If a patient is injured during surgery due to a doctor’s actions, or inattentiveness, then the injury would qualify. For example, if a doctor removed the wrong body part during surgery (unfortunately, it does happen) or if an anesthesiologist didn’t keep a patient sedated long enough during the surgical procedure, there is negligence which would qualify for a medical malpractice case.
Talk to a Medical Malpractice Attorney to find out more about surgical errors and the compensation available through a medical negligence claim.
Good luck.
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Posted by Christine Callahan on 07 May 2010