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Failed Surgery
A patient who suffers through a failed surgery, or a surgery with less than satisfactory results, is often tempted to take legal action. Given the pain, inconvenience, and expense associated with surgery, and the disappointment that can result if the surgery does not produce the desired results, or leaves the patient worse off than before, this is understandable.
While every instance of this type is unfortunate, few are grounds for legal action.
To sue a doctor for malpractice (or “professional negligence”) due to a failed surgery you must prove that the doctor’s conduct fell below the standard of care that a reasonable doctor would exercise in a similar situation. This means that no other doctor, in a similar situation, would have done what your doctor did. This can be hard to prove. It does not matter if a reasonable doctor might have done something different, as long as your doctor’s conduct was not unreasonable. In a field as complex as medicine, there are often many different approaches to solving the same problem, and reasonable minds can differ as to which one is best.
The fact that a surgery was unsuccessful, by itself, is usually not enough to sustain a failed surgery claim. It is accepted that no medical procedure has a guarantee of success, which is why the law focuses on a doctor’s conduct before looking to the results of that conduct.
If you feel that you have been the victim of medical malpractice, you should contact a lawyer as soon as you suspect that there may be a problem. If you wait too long, the statute of limitations will run, and you may lose your right to sue forever.
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