A patient who suffers through a failed surgery, or a surgery with less than satisfactory results, is often tempted to take legal action. This is understandable given the pain, inconvenience, and expense associated with surgery.
However, while every instance of this type is unfortunate, only some instances are grounds for legal action. Contacting a personal injury lawyer is the best way to determine whether your failed surgery warrants a lawsuit.
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 reasonable doctor, in a similar situation, would have done what your doctor did, which can be hard to prove. It is also possible to sue for failed surgery if that surgery was unnecessary.
The fact that a surgery, such as a hysterectomy or reconstructive 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 rather than just medical results.
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. Thus, it does not matter if a different doctor may have done something different than your doctor. Rather, the important issue is whether or not your doctor’s conduct fell below the standard of care for medical malpractice.
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.
Last Modified: 11-03-2017 12:23 AM PDTLaw Library Disclaimer
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