When we undergo surgery, we expect our health care professionals to do everything correctly. This is their job after all. However, mistakes, unfortunately, do happen. If any of these mistakes happened to you or a loved, if they are due to negligence, then you might be able to file for a medical malpractice lawsuit.
Foreign Objects Left In Patient’s Body
The most common surgical instrument left in a patient’s body are surgical sponges. But often other equipment such as scalpels, pads, gauze and clamps are left in patient’s bodies. Some might go unnoticed at first but can eventually lead to pain, infections and even death. To prevent this from happening there is usually a manual count for all equipment used in surgery but human error can happen when counting.
There are a myriad of errors that can occur with anesthesia. If too much is administered the patient can get too little oxygen to the brain causing damage and sometimes death. If there is too little given, the patient can wake up in the middle of surgery causing extreme pain.
Also Marijuana users beware. THC conflicts with anesthesia. It is important if you are getting surgery that the anesthesiologist knows that you partake in the substance so he can properly administer the correct amount of anesthesia. They will not he held liable if you wake up in the middle of surgery if you did not disclose that you were using the drug.
Prolonged Or Additional Injury
Surgery has its risks. One mistake by the doctor can cause additional injury, permanent disability or nerve damage. They might not even be able to adequately repair the initial injury. Other types of negligence by a surgeon could be wrong side (i.e. kidney stone removal from the left kidney but performing the operation on the right kidney) and wrong patient wrong surgery (i.e. paperwork mishap).
The legal definition of medical malpractice is as following: a healthcare professional (such as a doctor or nurse) or a healthcare facility (such as a hospital or nursing home) through the act of negligence causes harm or injury to a patient.
What is Medical Negligence?
There are several different kinds of medical negligence including but not limited to:
failure to diagnose ailment (missed diagnosis)
diagnosed wrong ailment (misdiagnosis)
misred lab or test results
improper medication or dosage
Characteristics of A Medical Malpractice Case
Under the law, in order for a case to qualify to be tried as a medical malpractice case the following conditions need to be met:
Establish that there was a breach in the standard of care. Medical professionals are held to a certain standard to perform reasonable and acceptable medical treatment. If these conditions are not met by any of the things listed above, negligence might have occurred.
The breach in the stands of care caused an injury. If the healthcare professional breached the standard of care but no injury occurred, then the case is invalid. It is up to the patient and their attorneys to approve that an injury occurred as a direct result of the negligent actions of the healthcare professionals or facility.
The injury sustained resulted in damages. It is also not enough to have just sustained an injury. The injury must have caused severe enough damages to the patient that part of their life was impacted in a significant way such as being unable to work or requiring lifelong medical treatment.
Contact Our Medical Malpractice Attorney
If you or a loved one has been injured due to the negligence of a medical professional then it is in your best interested to get in touch with our medical malpractice immediately by filling out the contact form. Our team of medical experts and legal professionals will go over the aspects of your case and work with you to get the compensation you deserve.