When someone undergoes a surgical procedure, there are certain risks. This is true whether surgery is planned, elective, or required because of an accident or medical emergency. Unfortunately, sometimes medical errors worsen those risks.
If you have suffered an injury while undergoing a surgical procedure, our Baltimore surgical error injury attorneys can help you get fair financial compensation. Not only do surgical errors often lead to very expensive medical complications, but victims also often experience intense physical pain, psychological trauma, and other painful experiences. A significant amount of compensation might be at stake, and you should get legal help as soon as possible.
For a free, confidential case review to get started, call our surgical error injury attorneys at Rice Law at (410) 694-7291.
Examples of Common Surgical Errors in Baltimore
When you undergo a surgical procedure, you rightfully expect that it will improve your condition, not make it worse. Unfortunately, a significant number of people wake from surgery only to find their condition has worsened. Errors that can lead to serious injuries include:
- Performing the wrong procedure
- Operating on the wrong patient
- Medication errors
- Failing to maintain a sterile environment
- Wrong surgery site
- Leaving instruments or sponges inside a patient’s body
- Amputating the wrong limb
Can You Sue for Injuries Caused by Surgical Errors?
While painful surgical errors may sound like the stuff of urban legend, the reality is that people do wake up from surgery missing the wrong limb, and there is literally nothing they can do to fix what happened.
Victims of serious surgical errors can have their entire lives destroyed. For this reason, those who sustain unexpected injuries during surgical procedures need to talk to a lawyer to determine whether they are eligible for compensation.
Even minor errors can lead to major medical complications. Surgical errors might not be apparent right away, and many victims do not realize a surgical error occurred until after their condition has slowly deteriorated or new medical complications arise.
Who is Liable for a Surgical Error in Baltimore?
Any surgery is a complicated process, and it often takes teams of people to complete a single procedure. As a result, it may be unclear at first who is responsible.
Doctors
The doctors in charge of your surgery are often legally responsible if medical negligence or surgical errors cause injuries. Your surgeon is responsible for everything that happens during your surgery, and they may be responsible for directing other doctors and nurses in the operating room. Our surgical error injury attorneys must include them in your lawsuit.
Hospitals
The hospital or healthcare institution where your surgery was performed may also be held legally responsible for surgical errors. The hospital is often responsible because it employs the medical professionals who are directly responsible for surgical errors. In some cases, a hospital may be directly liable if it knowingly hired a doctor who was unfit to perform your surgery or failed to prevent an impaired doctor from performing a surgery.
Are Surgical Errors Considered Medical Malpractice?
Not every surgical error gives rise to a medical malpractice claim. The law allows medical professionals to make mistakes, as long as they are reasonable and the doctor’s conduct aligns with the applicable standard of care. To be legally actionable, surgical errors must directly cause the victim’s injuries.
Determining the standard of care in your case is difficult, and we need medical experts to review your case.
The Need for Expert Witnesses in Lawsuits for Surgical Errors
Claims for surgical errors differ from other injury cases because most of us are not familiar with the practice of medicine. While we can all agree that driving 20 miles per hour over the posted speed limit is unreasonable, it is much harder to discuss what a reasonable heart surgeon should do while operating on a patient.
For this reason, malpractice cases often require medical experts to testify about the applicable standard of care and whether they believe the medical professional’s conduct fell below that standard.
These cases are often highly technical, which is one reason why victims of surgical errors should not represent themselves.
What Evidence Can You Use to Support Legal Claims for Surgical Errors?
Any injury case needs evidence, but evidence in cases involving surgical errors or other forms of medical malpractice tends to be more technical and specialized.
Medical Records
First, we must have your medical records from before, during, and after your surgery. Your records may show us what your condition was like before and after the surgery. Records specifically about the surgery may shed light on how it was performed and what went wrong. These records may be quite extensive, and we should request copies from the hospital as soon as possible.
Testimony from Your Doctor
Although we may sue your doctor for surgical errors, we may also need their testimony in court. The surgeon who performed your surgery must testify about their actions during the procedure. We must make them explain exactly what they did and whether they conformed to the standard of care. If they did not, we must highlight this factor in their testimony.
Testimony from other hospital staff may also be important. For example, nurses who assisted during the surgery or anyone with personal knowledge of your surgery and how it went wrong may testify.
Expert Testimony
Because medical negligence cases are highly technical and complex, we need expert witnesses to review your records and help determine how surgical errors may have occurred. We can hire a medical expert with knowledge and experience relevant to your procedure. They can review all your records and hospital records about the surgery. Medical experts can reach their own conclusions based on the evidence and offer their opinion in court about who they believe is responsible.
What Kind of Medical Negligence Can Lead to Surgical Errors?
Many kinds of negligence can lead to serious, life-altering surgical errors. Some of the more common include:
- Failing to adequately review a patient’s medical history to identify certain risks
- Operating on a patient while under the influence of drugs or alcohol
- Operating on a patient without having adequate sleep
- Failing to take a patient’s history before starting a procedure
- Failing to communicate adequately with the surgical staff
- Allowing distractions in the operating room
- Failing to maintain a sterile environment
Claiming Damages for Medical Costs Related to Surgical Errors
Surgery is often expensive, and surgical errors can lead to more complications, more treatment, and higher costs.
Treatment to Correct the Surgical Error
After you and your doctors realize that a surgical error has occurred, you may need further surgeries or other treatments to correct the mistake and prevent further harm. In some cases, injured patients required extensive surgery, far more than they originally needed, to correct the surgical errors.
Future Treatment
For some, treatment to correct surgical errors may be long-term. Some errors cannot be undone, and you might be in for many years of treatment to manage new or worsened medical conditions. For example, if surgical errors cause intense pain, you might require pain management treatments and medication for years, which can be expensive. As such, we should estimate your future medical costs and make sure they are accounted for in your case.
How Surgical Errors Can Cause Intense Pain and Suffering
Surgical errors may also lead to significant damages for pain and suffering. Remember, medical complications from surgical errors can be severe, and you should carefully document all your painful experiences.
Physical Pain
The surgical errors may cause intense physical pain. The errors could affect your internal organs, cause massive complications, and lead to intense pain. For some, the pain is so intense that it also causes severe mental and emotional distress and suffering.
Psychological Distress
Again, the intense pain you experience can lead to significant emotional and mental distress, but that is not all. People who realize they are the victim of a surgical error often experience intense psychological distress. They may develop intense fears of medicine or medical procedures. In serious cases, people may experience PTSD symptoms, and they may be affected for many years.
Who Pays for Damages in a Lawsuit for Surgical Errors?
Doctors and hospitals are required to have insurance specifically for things like surgical errors and other injuries from medical negligence.
Medical Malpractice Insurance for Doctors
When injured patients sue for damages, there should be insurance policies in place to cover these costs. Doctors and surgeons usually do not pay out of pocket.
Funding for Hospital Lawsuits
Hospitals may also set aside funds for cases like this. The specific hospital or healthcare institution where your surgery was performed may have funds set aside specifically for patients injured by medical negligence. Your attorney can help you figure out how to get your damages paid for.
What Should You Do if You Were Injured by a Surgical Error in Baltimore?
After surgical errors, take these steps:
Do Not Settle
Never accept a settlement offer from the hospital, surgeon, or insurance company before speaking to a lawyer. After you accept a settlement, it is very difficult to obtain additional compensation, and first settlement offers are often far less than what you deserve.
Document Everything
Document the way your injuries affect you, including any pain you experience, problems you have sleeping, activities in which you are unable to participate, and feelings of anxiety or depression that you may have.
Call a Lawyer
Finally, find an attorney who practices medical malpractice. These cases differ significantly from those other personal injury cases, and a lawyer without experience in this area might not get you the compensation you deserve.
How Long Do You Have to Sue for Surgical Errors?
Medical malpractice cases involving surgical errors must be filed under Maryland’s statute of limitations. Generally, the law requires plaintiffs to file their claims no later than 5 years after the malpractice occurs. However, this is not possible for every plaintiff.
If you did not realize that a surgical error occurred until some time after the surgery is performed, you have 3 years from the date you discover the error to file the lawsuit.
Contact Us Today to Speak with a Baltimore Surgical Injury Attorney
For a free, confidential case review to get started, call our surgical error injury attorneys at Rice Law at (410) 694-7291.