It is estimated that over two hundred thousand deaths each year are caused by medical malpractice. Some of these deaths are related to surgical errors that were the result of negligence on the part of the surgeon during the procedure. Negligent surgical errors can occur during an emergency surgery, where time is of the essence, or in noninvasive outpatient surgeries. The types of surgical malpractice that can take place vary as widely as the surgeries themselves and can cause irreparable damage.
Examples of Surgical Negligence
Depending on the kind of surgery, the injury caused by a negligent surgeon can be devastating. Here are some examples of possible errors that can occur due to a physician’s negligence:
- Operating on the wrong part of the body
- Using unsanitary medical equipment
- Slicing or puncturing an organ
- Delaying or prolonging operation time
- Leaving medical equipment inside the patient
- Removing too much tissue, muscle, etc. (especially in spinal surgeries)
Most surgical errors require future surgeries to correct the damage done and, in some case, to take care of the complication that led to the first surgery, as well.
Duty to Standard of Care
Just like any other medical professional, surgeons are required to provide a standard of care and treatment for patients that another surgeon would use in a similar situation. It is their duty to care for every patient with this same standard at all times and in every surgery. If these standards of patient care are not upheld, the surgeon is acting in a negligent manner and the risk of surgical error is heightened unnecessarily.
Probable Causation
Surgical negligence is not enough to prove medical malpractice, so it must be established that the surgeon’s negligence was the direct cause of injury to the patient. In the event that a patient is injured during surgery, a medical malpractice claim should be filed immediately. Even if you do not know about the surgical error right away (for example, a small piece of medical equipment was left behind and it did not become a problem for a few weeks), a claim should be filed as soon as the malpractice is known.
Getting Legal Help
Proving medical malpractice is a complicated process, but the assistance of an experience attorney can help ensure that you are able to recoup on damages. An attorney can help you file the claim and make sure that your future medical expenses, due to the surgical malpractice, are covered.
