Compensation Available for Surgical Error

If a surgical error has been made, you may be entitled to compensation for the damages that you have suffered. The potential compensation available depends on a number of factors including the nature of your injury and the laws of the state in which the surgical error took place.

Types of Surgical Errors

There are many different types of surgical errors that can occur. Some common errors include:

• Surgical instruments being left inside a patient
• Wrong site surgery- the doctor amputates the wrong arm
• Medication errors, such as problems with anesthesia during the surgery
• Unsanitary or unsafe conditions in the surgical room or recovery room. This can lead to things such as staph infections or other bacterial infections.

When are You Entitled to Compensation?

If you have been the victim of any type of surgical error, you may be entitled to compensation. The key to determining whether you can be compensated or not is whether the doctor or hospital were negligent. In other words, would a reasonable doctor or reasonable hospital have provided a higher standard or level of care than your doctor or hospital did? If so, then they may be considered negligent and you may be entitled to compensation.

What Type of Compensation is Available?

When you file a lawsuit after a surgical error, there are a number of different potential damages you may be entitled to recover that all add up to the appropriate amount of compensation. For example, you may receive compensation for:

• Lost wages
• Medical bills resulting from the need to treat problems caused by the surgical error
• Pain and suffering
• Emotional distress
• Wrongful death if the surgical error leads to death
• Loss of companionship
• Punitive damages, depending on the laws of the state. Some states require willfulness or extreme recklessness or an improper motive, such as the negligence being caused solely by a desire for financial gain.

Limitations

While you can generally recover for any of the damages listed above, some states have instituted limitations in measures called tort reform measures. These limitations come in the form of damage caps. For example, in California, you are limited to recovering $250,000 for non-economic damages (damages other than those resulting from actual financial loss, such as lost wages). These tort reforms are designed to lower malpractice insurance premiums, and in turn to lower the cost of health care.

Getting Help

If you have been the victim of a surgical error, you should contact an experienced personal injury attorney. He can help to evaluate your case and give you a better idea of the types of compensation and the extent of compensation that may be available to you given the nature of your injuries.