Surgical error lawsuits are similar to medical malpractice and is related to injuries resulted during a surgical procedure or as a result of a surgical procedure.
Surgical errors mainly focuses on:
- Surgeons failing to give adequate information to the patient
- No informed consent from the patient
- An unnecessary or wrong procedure was performed
- Surgical errors resulting from the surgeon being negligent, especially during complicated surgeries such as microsurgery
Are Surgical Errors Considered Medical Malpractice?
A surgical error that occurs during a surgical procedure by a doctor or surgeon is considered medical malpractice if the doctor or surgeon’s performance falls below the accepted standard of care that a reasonable surgeon under similar circumstances would exercise and the patient is injured or harmed as a result of the surgeon’s conduct.
Since surgeons and doctors have a higher standard of care than other professionals, the surgeon must follow specific standard procedures before, during, and after all medical procedures because of the major risks involved in these kinds of surgeries.
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 reasonable doctor, in a similar situation, would have done what your doctor did. This can be hard to prove.
It doesn’t matter if another doctor would have done something different. Rather, the important issue is whether or not your doctor’s conduct fell below the standard of care for medical malpractice.
There Must Be an Injury for a Malpractice Suit
To sue a doctor for malpractice, there must be an actual injury as a result of the surgeon’s negligence. Even after the patient has been injured as a result of the surgeon’s negligence, the injured patient has the obligation to take reasonable steps to minimize the effects and losses related to his or her injuries. This rule is called “mitigation of damages” and if the plaintiff fails to exercise this rule, it could result I the court denying the damages that the plaintiff could have avoided.
Should I File a Lawsuit for a 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. 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.
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.