When an individual has surgery, the surgery sometimes does not go as planned. In such an instance, if a patient sustains an injury, there may be a basis for a medical malpractice case.
How Surgery Can Go Wrong
Problems during surgery can arise in a variety of ways. Initially, a surgical problem can arise if a physician deviates from the appropriate method of performing surgery. In addition, a surgery may go wrong if a physician or other medical staff is under the influence of alcohol or another substance which impairs their medical judgment when performing the surgery. Finally, a surgery can involve a mistake of the physician or medical staff.
Common Surgery Problems
Some common surgery problems which result in an injury include the following:
- administration of wrong blood type during surgery
- surgery on the incorrect body part, organ or site
- incorrect procedure or surgery on the patient
- incorrect administration of anesthesia
- infection or death of patient following surgery
Elements of a Case
Generally, if an injured patient seeks in order to assert a case based upon medical malpractice following a surgery, there must be several key elements in the case. These elements include:
- the physician did not abide by the standard of care
- the injury resulted due to the physician’s negligence
- the seriousness of the injury rises to the level of a lawsuit
Compensation for Medical Malpractice
If the patient seeks damages in a surgery medical malpractice case, there are various types of expenses may be included. Most jurisdictions include the following types of damages:
- medical expenses
- lost wages
- emotional damages
- pain and suffering
- loss of future earnings
- loss of quality of life
- disability
- disfigurement
Getting Legal Help
If one has sustained an injury due to medical malpractice incurred during surgery, one may incur significant expenses and losses, such as lost wages, medical bills, therapy bills, pain and suffering and more. An experienced medical malpractice attorney can pursue a case on one's behalf in order to help one obtain compensation for the injury caused by the surgical medical malpractice. In addition, an experienced attorney can help to protect one's rights as well as help to work out the details of any settlement offer in order to obtain the most financially beneficial settlement possible. Moreover, a seasoned medical malpractice attorney can evaluate a settlement offer in order to make sure that the offer is fair and reasonable under the circumstances. Ultimately, a medical malpractice attorney will work to ensure that his or her clients will receive the compensation he or she deserves.
