Failure to Perform Surgery Properly

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How Can I Sue a Doctor for Failure to Perform Surgery Properly?

To sue a doctor for medical malpractice, you have to prove that the doctor’s conduct fell below the standard of care that a reasonable doctor would have exercised 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. As medicine is extremely complex, oftentimes there are many different approaches to solving the same problem, and reasonable minds can differ as to which one is best.

Additionally, if you signed a contract that had a waiver of a right to sue before your surgery the waiver might prevent you from suing.

What is a Waiver of a Right to Sue?

Sometimes before a surgery, doctors will have their patients sign contracts which will include a clause waiving the patient’s right to sue if the surgery does not go properly. By signing the waiver, the patient no longer has the right to sue and usually cannot recover any compensation in court.

What if I Want to Sue My Doctor Even Though I Signed a Waiver?

A waiver to a right to sue usually only covers things that go wrong that are beyond the doctor’s control. Whenever you undergo surgery there is always the risk of complications and sometimes things do not go as planned and it is not the doctor’s fault. The waiver prevents you from suing the doctor if he or she was not at fault for the surgery failing.

However, if the surgery failed due to the fact that the doctor failed to act reasonably or did not use an appropriate level of care when performing the surgery the waiver does not apply and you can still sue.

It is important to consult an attorney if you have signed a waiver and wish to sue. The attorney will be able to tell you if your injury is an injury covered by the waiver and even if it is the attorney might to able to propose another course of action to help you recover.

Do I Need a Lawyer Experienced with Medical Malpractice?

If you or a loved one has been injured by medical malpractice, you should speak to an attorney immediately to learn more about the value of your case and what types of recoveries are available to you. It is important that you talk to an attorney as soon as possible as sometimes there are statutes of limitations for medical malpractice cases depending on what state you live in.  

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Last Modified: 09-13-2013 04:17 PM PDT

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