The attorneys at the Brannon Law Firm handle medical malpractice cases, including those involving Surgical Errors and Mistakes. Surgical Errors and Mistakes can form the basis of legal action when they are caused by medical malpractice or medical negligence. If you have been injured as the result of an Error or Mistake during Surgery, and you believe it may have been caused by medical malpractice or medical negligence, it is in your benefit to seek out more information. Information on what Surgical Errors and Mistakes are and what it might mean for you can be found below. Additionally, the medical malpractice attorneys at the Brannon Law Firm invite you to contact us, either at 937-228-2306 or 1-800-VERDICT to discuss your potential claims for medical malpractice or medical negligence.
What are Surgical Errors and Mistakes?
Surgery can be a frightening and intense process for most patients. Surgery is often an extensive procedure and requires complete trust in the doctors, surgeons, and medical professionals performing the surgery. Oftentimes, the reason surgery is required is due to a medical condition which is severe enough to warrant the surgery as a solution. To the patient, no surgery is a minor surgery and all surgery comes with some risk. But there is a different between ‘inherent risks’ such as know complications of surgery and Surgical Errors and Mistakes.
Inherent risks are the risks that are natural possibilities of surgery. They are often relatively minor and not concerning, though some may be severe. These risks are often just a reality of the surgery process. For example, surgical incisions which expose the inside of a body to the outside environment always pose a risk of infection. However, this risk is very small and does not often actually result in infection. Another example of an inherent risk is the use of anesthesia, which carries a small amount of risk that the patient may have an adverse reaction to the drug being used to sedate a patient.
Doctors are required to inform a patient about inherent risks, in order to ensure that patient is aware of the risks and is willing to undergo the surgery regardless. Often, this will result in the patient signing an ‘informed consent form’, so that all parties can be assured that the risks are understood and consented to.
A Surgical Error or Mistake is different from an inherent risk of a procedure in part because it is an avoidable risk. Surgical Errors and Mistakes are caused by a doctor, surgeon, or medical professional and should not have occurred and would not have occurred but for the mistake or error on the part of the medical professional. Surgical Errors and Mistakes occur when a medical professional does not perform the surgery in the proper or correct manner the procedure is supposed to be performed in.
Consequences of Surgical Errors and Mistakes can vary widely. Some errors may result in minor damage that may require a minimal amount of effort to fix, such as a minor cut or bruise. Other instances may be more severe, causing damage to tissue, severe blood loss, permanent harm, or illness. Infections such as sepsis may take a large amount of medication and medical attention to treat and effect can be long lasting. Damage to organs or tissues may also take a long time to heal, as well as requiring additional surgeries or treatments. Some Surgical Errors and Mistakes cannot be recovered from, such as mistaken amputation, resulting in a permanent condition or disability. And in some cases, Surgical Error and Mistakes can result in death.
Medical and Legal Significance of Surgical Errors and Mistakes
A patient may be able to bring a claim for medical malpractice or medical negligence if they were injured by a Surgical Error or Mistake. As discussed above, most surgeries carry inherent risks that may be unavoidable. Negative events such as infection, bleeding, or anesthesia issues may occur during a surgery, despite the best and proper efforts of the medical professionals. However, some instances of harm caused during surgery, if caused by a Surgical Error or Mistake, can be attributed to medical malpractice or negligence.
Medical Malpractice often occurs when a doctor or medical professional has done something incorrect during the surgical procedure and caused harm that was otherwise avoidable. Surgical Errors or Mistakes can occur in preparation for, during, or after surgery. Some examples of Surgical Errors or Mistakes are below.
- Failure to properly diagnose a medical condition, leading to unnecessary surgery on a healthy organ or body part
- Pre-operation errors involving things such as anesthesia, medication, or medical records
- Wrong site operations, where the surgery is performed in the incorrect location, potentially leading to removal of healthy tissues, organs, or even amputation
- Performing surgery on the wrong patient
- Use of unsanitary surgical equipment or instruments, often resulting in infections such as sepsis
- Damage to other body parts, such as puncturing an organ or “nicking” other tissue
- Leaving a foreign object inside the body after surgery
- Post-surgery mistakes such as failure to monitor the patient’s condition properly or failing to clean the surgery site properly
Surgical Errors and Mistakes are different from inherent risks in an important way: if it were not for the error or mistake by the medical professional, the harm would not have occurred at all. It is the responsibility of doctors and other medical professionals to avoid making Errors and Mistakes during Surgery. Medical professionals can usually avoid making Surgical Errors and Mistakes if they follow the basic rules for patient safety during a procedure. Any healthcare professional who fails to follow the rules of patient safety needlessly endangers the patient and in the process commits medical malpractice or medical negligence.
Seeking Legal Counsel and Guidance
If you have suffered an injury due to a Surgical Error or Mistake, you may have a claim for medical malpractice or medical negligence. The medical malpractice attorneys at the Brannon Law Firm have the skill and experience to discover whether your health issues are a result of an inherent risk of surgery or medical malpractice. Medical malpractice and medical negligence is preventable. It is caused by the error, improper action, or lack of action by medical professionals. It is important to hold those medical professionals to the proper standards of medical care and to hold them accountable for the harm and damage they may cause. The Brannon Law Firm can help hold those at fault accountable.
Additionally, your treatment may be difficult, both financially and emotionally. Treatments in response to a Surgical Error or Mistake can be intensive and require a large amount of effort and work. In addition to the illness or condition that required surgery in the first place, you may now have to deal with the injuries or negative effects of the Surgical Error or Mistake. Efforts to fix or reverse the effects of a Surgical Error or Mistake can be severe and long lasting, requiring additional medical treatment, loss of quality of life, loss of income and costly medical bills. It is important to ensure you have the assistance and care that you deserve to live the best life possible. The Brannon Law Firm can help with that process.
At the Brannon Law Firm, we have represented many individuals who were unfortunate victims of a Surgical Error or Mistake. We have obtained favorable verdicts and settlements on behalf of clients in Surgical Error or Mistake cases. We invite you to contact us for a free consultation at either at 937-228-2306 or 1-800-VERDICT to learn if you may have a claim for medical malpractice or medical negligence. The Brannon Law Firm is proud to serve clients in Dayton and throughout the State of Ohio.