Surgical malpractice is a leading cause of death throughout the U.S. It’s estimated that over 200,000 people die each year due to the negligence of health care providers. Surgical malpractice is the failure of a surgeon to provide adequate treatment to patients, which can result in infection, loss of health, disability or even death.
Elements of a Surgical Malpractice Lawsuit
There are four major elements that are required to be successful when filing a surgical malpractice lawsuit:
- Establishing that a legal duty is owed
- Establishing that the legal duty was breached
- Learning that the breach has caused an injury
- Sustaining damages occurring from the injury
The legal duty of a hospital or health care provider occurs when the health care professional beings any type of service on the patient. There is a legal breach of duty when the health care provider fails to meet a relevant standard of care. When the surgeon is negligent and medical standards are not followed, malpractice cases arise.
How Surgical Negligence Occurs
A surgeon is negligent when the following incidents occur:
- Wrong site surgery or wrong body part surgery
- Clamps, sponges, or other foreign object left in the patient
- Nerve, duct or organ damage resulting from improper use of surgical instruments
- Surgical errors during childbirth
How Our Lawyers Can Help
If you or a loved one has experienced pain and suffering due to surgical malpractice, you may wish to consider filing a surgical malpractice lawsuit. Since the law limits the time in which you can file your case, it’s best to seek legal guidance from a medical malpractice attorney as soon as possible.
Medical malpractice lawsuit claims are on the rise. If you are a surgeon facing a malpractice claim, you should seek legal advice from a medical malpractice attorney who can help defend your rights.
