Mistakes happen, even with the best medical care. But when does a surgical error become medical malpractice?
In this article, we’ll explore medical malpractice and common surgical errors.
Defining Medical Malpractice
Substandard medical care that causes harm is known as medical negligence. When this negligence leads to an injury, it’s called medical malpractice.
Medical professionals must provide you with the applicable standard of care. This standard is the same level of care a professional with similar training and experience would provide under similar conditions.
If the answer to the question of whether a reasonably careful professional with the same training as your surgeon do the same thing your surgeon did? If the answer is yes, your surgeon met the standard of care. If the answer is no, your care was substandard.
For a medical malpractice case, you’ll need to show that the surgeon’s neglect caused your injury. Is your injury serious enough for a medical malpractice claim? You’ll want to consult an experienced personal injury attorney to determine your next steps.
Common Reasons for Surgical Errors
Any surgery involves an element of risk. For example, an infection can occur even if your surgeon does everything according to the standard of care.
Some common reasons for surgical errors include:
- Lack of skill or experience
- Poor preoperative planning
- Improper work processes or shortcuts
- Miscommunication or failure to communicate
- Fatigue
- Substance abuse
- Negligence
There are a variety of ways patients can experience surgical errors. Anesthesia errors, nerve injuries, operating on the wrong body part, and leaving a piece of surgical equipment inside a patient are examples of common surgical errors.
Surgical malpractice claims are complex. It’s important to work with an attorney who understands state malpractice laws and procedures.
If you or a loved one has been injured, contact the Schuerman Law office today. Schuerman Law has been working with personal injury claims for over 40 years. John Schuerman will compassionately advocate for injured individuals as well as their families while fighting for full compensation of their claims. Schuerman Law offers evening and weekend appointments in addition to home and hospital visits. Schedule a free consultation today by calling 1-800-274-0045.
