When trained medical professionals perform surgery, the chances are good that the procedure will be executed as expected. But with millions of surgical procedures being performed every year, there are approximately 4,000 surgical errors in the United States alone. If you or a loved one has been injured or recovery has been delayed due to a surgical error, you are entitled to compensation under the law. Contact the Weinstein Legal Team for a free consultation. Our legal team works on a contingency basis, so you never have to pay out of pocket.
What is a Surgical Error?
Surgical errors are preventable mistakes made by a doctor or member of the surgical team during a surgical procedure. Surgical errors don't necessarily worsen your immediate condition and they may not be detected for a long period of time. In fact, the surgery may be otherwise successful, but the surgeon left an implement inside of you, and that causes you problems down the road.
What Causes Surgical Errors?
Surgical errors can result for a number of reasons. For example, the surgeon may have received incorrect information about the patient from the patient's primary care physician or another specialist. There are also times when a member of the surgical team is fatigued. Additionally, some surgeons and surgical nurses have substance abuse problems, which impedes their performance. We can also never rule out general incompetence on the part of one or more members of the surgical team. A surgical error should not be confused with an unfavorable outcome. There are times when the surgery is error-free, but the desired outcome isn't achieved. While this may still be grounds for a medical malpractice suit — depending on numerous other factors — it's not considered a surgical error. The bottom line is that surgical errors are not supposed to occur, and when they do, the patient should receive compensation.
Most Common Surgical Errors?
There are many different types of surgical errors. We will outline some of the most common ones.
Anesthesia Errors
Anesthesia remains one of the riskiest parts of surgery. This is such a specialized field that all anesthesiologists in FL are licensed medical doctors. Still, anesthesiologists can misdiagnose the patient or make errors that otherwise endanger the patient's health.
Nerve Damage
The nervous system is incredibly complex, and even a minor miscalculation can cause an injury. Common signs of nerve damage during surgery are numbness, pain, loss of strength, and loss of mobility.
Sponges or Implements Left Inside Patient
Doctors and surgical nurses sometimes fail to remove implements or sponges from the inside of their patients before closing. This can lead to infections or other complications as time passes.
Removing or Operating on the Wrong Body Part
This may seem like a very unlikely error, but there are times when the surgical staff misinforms the surgeon about the reason for the surgery. What's particularly unfortunate about this type of mistake is that it's often irreversible, and the surgery has to be repeated on the correct part.
This is just a sampling of the types of surgical errors and unnecessary complications that occur in the state of Florida on a frequent basis.
How Can a Medical Malpractice Attorney Help?
If you are the victim of a surgical error, you deserve compensation. A medical malpractice lawyer in Florida is essential to getting a full and fair settlement for your injury. A medical malpractice attorney can help you in the following ways:
- Subpoena all medical records pertaining to your surgery
- Consult medical experts to determine the degree of liability on the part of the surgical team
- Assess the financial impact of the surgical error to calculate a full settlement amount
- Negotiate with the insurance company
- Oversee all aspects of your legal case so you can work on your physical recovery.
- Prepare a legal case should you have to pursue damages through litigation.
Frequently Asked Questions About Surgical Errors
The following are some of the most commonly asked questions about surgical errors and the answers provided by Weinstein Legal's personal injury team.
What's the Difference Between a Surgical Error and a Bad Result?
Your doctor should explain to you the possible results of the procedure as well as the risks involved and the likelihood of achieving success. If your surgery went as expected, but you didn't have the outcome you were hoping for, a surgical error may not have been responsible.
Why Do I Need a Lawyer?
Medical malpractice cases are among the most complicated in personal injury, and surgical error cases are particularly complex. You not only need a lawyer, but you're going to require a personal injury lawyer who has extensive experience. In Broward, Palm Beach, and Orange counties, that means contacting Weinstein Legal. Our attorneys work on a contingency basis, which means you never pay out of pocket for top-tier legal advice. Contact the Weinstein Legal Team today!
