Errors in Surgery: Patient Rights

Surgery, no matter how simple, always poses the risk of possible injury or complications to the patient. If error occurs during surgery, whether due to unforeseen circumstances or malpractice, a patient has rights to obtain information about the error and sue to recover for damages. Below is an explanation of the basic rights afforded patients.

The Right to Know

While a physician may downplay the severity of the error, he or she is required to inform the patient that it occurred. A surgeon cannot lie and say that everything went well when it did not, regardless of whether he is directly asked the question. A surgeon must tell the patient or the patient’s guardian of any errors that occurred during surgery.

The Right of Documentation

A patient also has the right to receive a copy of all medical records relating to the surgery, including those that detail the error. It is permissible for a hospital or doctor to charge a small fee to copy the documents, but the patient cannot be denied access to his personal records.

The Right to Access

A patient also has the right to access any audio or video files of the surgery. While this might require a court order and not occur until after the initiation of a lawsuit, the patient cannot be denied access to any documentation relating to his surgery.

The Right to Sue

A patient injured or claiming to have been injured as a result of surgery has the right to sue the doctor and hospital. Depending on the relationship of doctor and hospital and whether the surgery was voluntary, the patient may sue one or both parties.

The Right to Potentially Be Compensated

If a patient has been injured as a result of negligence or malpractice, he is entitled to compensation for the additional costs, lost wages and pain and suffering resulting from the additional injury. The amount of compensation is based on the costs and other expenses for the patient’s particular injury and is set by either a judge or the jury. Therefore, how much compensation a patient will receive is not set in stone.

Getting Legal Help

If you have been injured during surgery as a result of surgical error, contact an attorney about the merits of your case and potential legal representation. After reviewing your case a lawyer should be able to estimate its success.