A major part of medical malpractice claims are composed of surgery malpractice in post-operative care. As a patient, you are afforded the legal right to receive post-operative care at a professional standard of care, which will vary from patient to patient. However, the standard of care is always in line with how any other competently and reasonably performing medical professional would have provided post-operative care, if he or she was faced with the exact same patient and situation. In essence, a patient is owed a duty of care from medical professionals, whether surgeons, hospitals, or employees involved in post-operative care, which requires a definitive level of effectiveness and competence during a patient’s treatment following surgery. If you feel you have suffered as the result of negligent care, or care that is beneath the standard of care, consult with a medical malpractice lawyer to learn more about your legal rights to recover damages for medical complications and other issues.
Determining Negligence in Post-Operative Care
The nature of modern medicine is that certain issues are simply unpredictable and unpreventable in nature, which leave patient’s with little room for a viable malpractice claim. Likewise, the nature of modern malpractice statutes requires that patients experience discernable damages as the result of negligent post-operative care. A poor experience in the post-operative care facility of a hospital may not necessarily constitute negligence, nor does it constitute viable grounds for legal action. However, should a patient experience treatment, or lack of treatment, that is viably considered negligence, he or she does have grounds for a successful malpractice claim.
In order to determine negligence, a patient must prove that his or her post-operative care breached the standard duty of care owed by a hospital or medical staff member to the patient, as the result of the doctor-patient relationship. Determinations of negligence are made on a case-by-case basis on rely on the standard of care doctrine, which essentially seeks to determine whether another medical professional, when faced with the exact same patient, would have been able to provide care that prevented injuries or damages. Often, this will require the testimony of an expert witness and an investigation into the events and treatment received by a patient during post-operative care. Though not an exclusive list, the following are some commonly cited claims of negligence involving post-operative care in hospitals, including:
- Hospital acquired infections
- Premises liability claims, including slips, trips, or falls
- Prescription drug errors
- Delayed or missed diagnosis of post-operative complications
- Failure to treat post-operative complications
Getting Legal Help a Malpractice Claim
Medical malpractice claims, including those involving post-operative care, require patients to seek and utilize legal counsel to make effective claims cases. In most instances, a patient will greatly benefit from the advice and representation of a lawyer, who can provide insight about their personal legal rights and how to preserve or pursue these options.
