Undergoing surgery is often a stressful experience, with patients placing full trust in their medical providers. While most procedures go as planned, there are over 300 million surgical procedures performed each year worldwide, and there are instances where mistakes occur and lead to serious consequences. If you have suffered complications due to a surgical error, understanding your rights and the legal steps available to you is essential.
This guide will walk you through recognizing surgical errors, gathering necessary documentation, and seeking legal counsel to help you navigate a potential medical malpractice case.
Recognizing Surgical Errors: Assessing the Impact on Your Health
The first step in addressing a surgical error is recognizing that one has occurred. This involves identifying the mistake, understanding its cause, and assessing its impact on your health.
Not all complications from surgery result from medical negligence. Some risks are inherent to surgical procedures, and complications can arise even when medical professionals follow standard procedures. However, if your health has significantly deteriorated or you are experiencing unexpected symptoms, a surgical error may be to blame.
Common surgical errors include:
- Performing surgery on the wrong body part
- Leaving surgical instruments inside the body
- Conducting the wrong procedure
- Administering incorrect anesthesia
- Post-surgical infections due to improper sterilization
These errors can lead to severe health complications, additional medical expenses, and lasting effects on your quality of life.
Understanding Your Rights after a Surgical Injury
Informed Consent and Medical Malpractice
A key factor in medical malpractice cases is informed consent—the legal right of a patient to be fully informed about the risks, benefits, and alternatives of a procedure before agreeing to it. If you were not made fully aware of potential complications or if a procedure was performed without your consent, this could be grounds for a medical malpractice claim.
Even if you signed an informed consent form, negligence may still be present if:
- The surgical team deviated from the agreed-upon procedure
- The standard of care was not followed
- A clear mistake was made that goes beyond known risks
Additionally, patients have the right to receive appropriate follow-up care after a surgical error and to seek a second opinion about their condition and legal options.
The Importance of Documentation and Medical Records
When pursuing a surgical error claim, gathering strong evidence is essential. Requesting and organizing relevant medical records will help establish what happened during the procedure and its effects on your health. Key documents to obtain include:
- Pre-surgery evaluations and test results
- Signed informed consent forms
- Operative and post-operative reports
- Imaging results (X-rays, MRIs, CT scans)
- Doctor’s notes and treatment plans following the procedure
These records will be valuable in seeking legal advice and building a case if you decide to move forward with a malpractice claim.
Consulting an Experienced Medical Malpractice Lawyer
If you suspect that a surgical error has caused you harm, consulting a medical malpractice lawyer is a crucial next step. Each state has Statutes of Limitations that limit the time you have to file a claim, so acting quickly is important.
An experienced attorney can:
- Review your medical records to assess whether malpractice occurred
- Explain your legal options and the likelihood of a successful claim
- Gather expert testimony to support your case
- Negotiate with insurance companies or legal teams on your behalf
- Represent you in court if necessary
Navigating a surgical error case can be complex, but with the right legal guidance, you can take the necessary steps to seek justice and compensation for your injuries.
Final Thoughts
Navigating medical malpractice cases can be intimidating and confusing. It’s important to remember that you have rights and options when it comes to seeking legal steps after surgical errors.
At Siri & Glimstad LLP, we are dedicated to helping families seek justice in medical malpractice cases. For help with this or any medical malpractice questions you may have, fill out the form here to schedule a time to speak with a qualified medical malpractice attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side.
