Surgery Malpractice: Complications After a Hernia Surgery

A botched hernia surgery, like any other problematic surgery or medical mistake, can lead to medical malpractice charges in certain instances. However, not all surgeries that have a negative result or that don't turn out as expected subject a doctor to malpractice. To be found liable for surgical malpractice, the physician involved (or the hospital where the surgery took place) must be guilty of being negligent. The negligence that the doctor or hospital exhibited must also have been the direct or proximate cause of some type of injury to the patient.

Recovering Damages for Surgical Malpractice

Surgical malpractice is a form of civil tort case, which means it is similar to any other personal injury case like those cases where car accident injuries or slip and fall accidents have occurred. However, in a medical malpractice case, proving the elements of the case can be much more technical. For example, to prove medical malpractice and to recover damages, the plaintiff has the burden of proving:

• Negligence- to prove negligence, you will need to get medical experts to testify to the jury why your doctor was unreasonably negligent or why the standard of care he provided was below the type of care a reasonable doctor would have provided. For example, a doctor can testify that no reasonable physician would have made the mistake your doctor made, or that no reasonable hospital would have provided unsanitary conditions that your hospital provided
• The nature, cause and extent of the injuries. The doctor will have to testify that any damage you suffered wasn't a result of the hernia itself, and wasn't a result of your body simply having a bad reaction. The expert will need to show that it was the error or mistakes the doctor or hospital made that caused you some type of injury.

Assuming you are able to successfully prove your case and that the jury believes your experts over the doctor and his witnesses, then you can generally recover several different types of monetary compensation for the botched hernia surgery. Your compensation for surgical malpractice should include money for:

• The cost of medical bills that were required to treat you for the injury your doctor caused
• Lost wages that resulted from work you missed due to the injury your doctor caused
• Pain and suffering 
• Emotional distress

Punitive damages may be appropriate in certain cases as well, but most states impose strict limitations on when or if punitive damages can be awarded in medical malpractice cases.

Getting Help

Surgical malpractice is a serious problem with serious consequences. If you have been the victim of surgical malpractice, you must get the help of a qualified attorney who can assist you in gathering the evidence you need to prove your case.