Surgeons have incredibly important jobs that require immense precision and skill—but unfortunately, that does not mean they always act in accordance with their reputation. Mistakes made during surgeries—either by surgeons operating or by one of the many technicians and other healthcare professionals assisting them—are among the most common types of medical malpractice in Florida.
When you sustain serious and preventable harm as a result of substandard care before, during, or after a surgical procedure, you may want to discuss a possible lawsuit with a qualified medical malpractice attorney. A Trinity surgical error lawyer at Perenich Law Injury Attorneys may be able to help you recover compensation for both economic and non-economic consequences of your injuries or illness.
Surgeries and the Associated Risks
Every surgery comes with risk as a result of the surgery itself, the condition of the patient, and the surrounding circumstances. For example, open-heart surgery on an older patient in an emergency situation carries a higher risk than an appendectomy on a younger patient not yet in a critical state.
Of course, the more invasive a surgery is, the higher the risk of error. A small mistake by a surgeon inside the body—especially around organs or nerves—can cause lasting damage. Surgeries that are less invasive and focused away from delicate organs and the nervous system carry less risk by their nature.
However, the surrounding circumstances can contribute to the risk of a surgical error as much as the specific procedure and patient. Emergency settings that require quick decision-making in the middle of chaos can increase the risk of a mistake, as can other practical issues around surgery. Understaffing, inadequate communication and preparation, and poor documentation of patient care can all make errors more likely.
You might not have a choice when having surgery over another type of treatment, and in an emergency, your trust lies with the surgical team. However, determining if and how a surgical error occurred in Trinity is where one of the qualified malpractice attorneys at our firm can help. We can investigate your procedure and interview medical staff who can explain what happened.
Building a Strong Malpractice Claim After a Surgical Mistake
Various forms of “negligence”—meaning reckless or careless actions that violate the “standard of care” expected of qualified physicians—can lead to someone suffering avoidable injury or illness while undergoing surgery, including:
- Failure to maintain sanitary operating conditions
- Damaging internal tissues or organs during surgery
- Failure to prepare a patient thoroughly before surgery
- Failure to account for complicating factors for a specific patient based on their medical records
- Operating on the wrong body part or performing the wrong operation altogether
- Leaving surgical tools or implements inside a patient’s body after an operation concludes
- Failure to properly monitor patients after surgery, including failure to identify and diagnose common complications like sepsis or cardiac arrest
Whether a surgical error stems from miscommunication between physicians in the operating room, a lack of training or experience, or simple carelessness, it may serve as valid grounds for a lawsuit if:
- It is something an equally capable physician likely would not have done in the same situation
- It directly leads to the patient suffering physical harm, which requires additional care from medical professionals
These rules can also apply to complications from surgery more broadly, though they must be avoidable and caused by the kinds of mistakes listed above to be considered medical malpractice. Linking later complications to specific errors by a surgeon or surgical support staff can prove more difficult, especially as time passes.
During a confidential consultation, our knowledgeable Trinity surgical error attorneys could discuss in further detail what may or may not constitute grounds for this kind of claim.
Recovering Fairly Within Filing Deadlines
In addition to medical expenses made necessary by a surgeon’s error, it is also possible to recover for other financial losses like:
- Missed work wages
- Lost future earning ability
- Various costs associated with long-term disability, such as the costs of assistive equipment
On the non-economic side of things, numerous forms of physical and psychological pain can be factored into a comprehensive malpractice claim, including lost consortium and lost overall enjoyment of life.
With very few exceptions, though, people injured by surgical errors have a maximum of two years after discovering their injury and four years after the negligent act occurred to file suit. Assistance from a capable Trinity surgical mistake lawyer could be crucial to building the strongest possible claim within this small window of time.
Talk to a Trinity Surgical Error Attorney Today
Mistakes during any kind of medical procedure can have very serious repercussions, but errors during surgeries are especially likely to be life-altering and potentially life-threatening. After being hurt in this way, you have a right to take proactive legal action against the healthcare professionals and facilities that allowed you to suffer preventative harm.
A conversation with a Trinity surgical error lawyer at Perenich Law Injury Attorneys could give you clarity about your legal options and guidance regarding the next steps to take. Call today to schedule a meeting with one of our three brothers dedicated to helping others.