Medical Malpractice: Surgical Error

Surgeries are often performed to aid the treatment process of a patient, but there are instances where they can also create further complications, especially if there are errors in the surgery process. Surgical error is a form of medical malpractice, and according to the website of The Benton Law Firm, those who have been injured as a result of a surgical error may be able to seek compensation from the health care professional responsible for the injuries.

Typically, surgical error claims, or medical malpractice claims in general, can be viable if they pass the following criteria:

  • There should be a real doctor-patient relationship
  • There should be a duty of care on the side of the medical professional
  • There should be a violation in the duty of care, may it be in the form of an act or failure to perform an act
  • There should be an injury that has been sustained because of the violation in the duty of care

Health is a complicated thing, and not all inconveniences result from errors. But complications arising from errors do happen and cause injuries, extended hospital confinement, additional treatment costs, more lost time at work or school, and more pain and suffering.

  • Anesthesia mistake – Too much anesthesia may result to brain damage. Too little anesthesia may result into reduced effectiveness, with the patient experiencing the pain of surgery.
  • Surgical tools left on patient’s body – Negligence and general incompetence of the medical staff may make them leave surgical equipment and other foreign objects in the patient’s body after surgery, resulting into pain and infections.
  • Nerve damage – Improper surgical techniques, wrong use of surgical tools, and incompetence of the medical staff may damage nerves, tissues, and even entire organs. These damages may lead to pain, infections, and even lifetime disabilities.
  • Surgery on the wrong body part – It may sound comical, but this does happen. Patients who got their healthy kidneys removed or got their wrong leg amputated do not find it funny at all. Poor planning and failing to follow the proper procedures are the main causes of wrong-site surgical errors.

What makes surgical errors worse is the thought that patients are innocent. They do not know any better and just follow the instructions of medical professionals and entrust these professionals with their lives. It is sad to know that surgical errors, and medical malpractices overall, exist. But it is good to know that the law is on the side of the victimized patients.

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