Seeking Compensation for a Surgery Error

A surgery error can be devastating and the consequences can be very real. A surgery error can result in infection, pain and suffering, permanent disability or even death. When a surgery error occurs, you need to be aware of whether or not you will be able to recover compensation for that error. The tort law rules relating to medical malpractice govern this issue and it is important to understand what these rules mandate about when you can seek compensation for a surgical mistake.

Surgery Error and Medical Malpractice

To prove a medical malpractice case arising from a surgery error, there are several elements of the civil tort that you must prove. It is important to note that the burden of proving the case falls to the plaintiff, although the standard used is less stringent than in criminal cases and does not require you to prove your case beyond a reasonable doubt. Instead, you must prove that, more likely than not:

• The surgeon was negligent in making the error. To prove this element, you will need to show that a reasonable surgeon wouldn't have made the mistake and would have acted differently. Often, expert testimony is required to prove this element of your case
• The surgeon's negligence directly led to your injury (in legal terms, this means proving that the negligence was the proximate cause). If the injury or problem would have happened even with a careful surgeon, then you don't have a case for medical malpractice

Sometimes, surgery errors are easy to prove and medical malpractice is clear. For example, if a surgeon operates in a dirty operating room, this can be a clear case of medical malpractice if an infection directly results. Likewise, operating on the wrong patient, or the wrong body part is also pretty clearly negligent, as is leaving a surgical instrument or other foreign objet inside of a patient. Other times, proving your case is a bit more complex and it can become a battle of the experts in court as the jury decides who to believe about the events that occurred. 

Getting Help

If you have suffered a surgery error, you are likely facing serious consequences as a result. You need to get the help of an attorney who is qualified in medical malpractice. Your attorney can review the facts and let you know if you have a good case, and can help you in collecting the evidence and presenting it to a jury or court so you can collect damages from the surgeon who injured you.