When it comes to surgeries, there is no such thing as a "minor" surgery. In truth, any surgical procedure is a serious matter and involves some form of risk. That is why surgical errors can happen any time there is surgery, even when the surgeon is well-trained, experienced, and knowledgeable.
However, what happens when an error occurs during the surgery and a patient is injured as a result? In these instances, do these individuals have a possible legal claim for medical malpractice?
If you went through this ordeal, you do not have to figure out these answers alone.
At The Flood Law Firm, our Middletown surgical error lawyers are here to help you take on this daunting legal ordeal, figure out what legal options you have, and assist you as you fight for the maximum compensation you are entitled to for the losses and harm you suffered because of these errors.
The Flood Law Firm: Middletown's Surgical Error Attorneys
At The Flood Law Firm, our goal has always been to provide our clients with exceptional services, especially during the most challenging times in their lives. If you have been injured in an accident due to another person's wrongful actions, reach out to a legal professional and get the help and guidance you need.
That is why our legal team's priority has always been to provide our clients with the attention they deserve and communicate with them regularly so that they can make the best decision regarding their legal claims.
Due to this hard work, dedication, and drive, we have secured millions of dollars for those injured in accidents, ensuring they have the funds required to help them with their current expenses and any future bills resulting from an accident.
For these reasons, if you or a family member suffered an injury due to a surgical error, contact The Flood Law Firm today. When you work with our legal team, you will receive the dedicated representation you need while we help you fight for every last dollar you deserve.
Contact us today for your free case consultation and learn more about our firm and how we can help you.
What Is a Surgical Error?
A surgical error refers to a preventable mistake that occurs during surgery that could have been avoided through proper protocols, training, and execution of a procedure. However, just because there may have been a mistake during surgery, not all surgical errors result in a medical malpractice legal claim.
Instead, for a surgical error to be considered malpractice, the medical professional performing the surgery must have failed to follow the appropriate standard of care, and the failure must have caused the patient harm.
If the patient was not harmed, even if the procedure went wrong, or the medical professional and their team maintained the appropriate standard of care, even if the patient was injured, the patient will likely not be able to recover compensation for malpractice.
Standard of Care for Surgery
The standard of care for surgery is generally the quality of care that a reasonably prudent medical care professional in the same community, with the same training and experience, would have provided the patient under similar circumstances.
Consequently, when a surgeon does not follow the necessary standard of care, and it leads to preventable mistakes, the patient may be allowed to recover compensation for the harm that results.
However, to know more about the appropriate standard of care and how it applies to your surgical error incident, consider discussing the matter with a knowledgeable Middletown surgical error lawyer. Your attorneys can help you better understand what legal options you may have and the remedies you can pursue for the harm and losses you suffered.
Common Examples of Surgical Errors in Middletown
While there are various surgical errors that can arise during surgery, in general, some of the most common surgical mistakes in Middletown include:
- Providing too much or too little medication
- Harming a nerve during surgery
- Performing surgery on the wrong site
- Leaving a piece of equipment, such as an instrument, inside the patient
- Performing an operation on the wrong patient
- Pre- or postoperative mistakes, including a failure to address complications resulting from the surgery
While these and other types of surgical errors can kill a patient, even if they do not, the patient may still have to endure dangerous emergency treatments to reverse the initial surgical mistake, or the repercussions of the errors can still lead to life-changing complications.
Why Do Surgical Errors Occur in Middletown?
Although no two surgeries are the same, and the errors that can occur are unique to the situation, there are some reasons for surgical errors that are more common than others.
For instance:
- An inability to perform surgery: If a surgeon or medical professional has not performed a specific type of procedure or surgery and lacks the skill to perform the surgery properly and correctly, it can lead to serious surgical errors.
- Taking a shortcut: When a surgeon decides to skip certain steps during surgery, the shortcuts can prove devastating and, in some situations, deadly.
- Insufficient planning: If a surgeon is not well-prepared for surgery, complications are likely to occur. This preparation includes things such as reviewing and preparing for problems that may arise and ensuring all the necessary equipment is ready.
- Fatigue: Surgeons are known to work long shifts. However, when these professionals do not take proper breaks, it can result in significant fatigue. More importantly, when people are tired, mistakes are more likely to happen.
- Neglect: When a surgeon is not as careful as they should be, such as not making sure that instruments are properly sterilized, and a patient is injured as a result, it can lead to legal claims against the surgeon.
- Intoxication: If a surgeon is under the influence of drugs or alcohol when they are operating on a patient, it can lead to surgical errors, and the surgeon can be held liable for the injuries and losses that result.
- Lack of communication: Failing to communicate appropriately during surgery can result in debilitating errors, such as a surgeon operating on the wrong site, not using the surgical equipment properly, or even providing the patient with the wrong amount of medication.
However, while these may be some of the more common causes of surgical errors, they are not the only ones. For these reasons, if you suffered an injury due to a surgical mistake in Middletown, consider contacting the legal team at The Flood Law Firm. Our experienced attorneys can review what happened, determine whether a surgical error caused your injury, and help you fight for the justice and damages you deserve.
Complications From Surgical Errors
Unfortunately, when it comes to surgical errors, the results can lead to devastating complications for the patient, including:
- Internal bleeding and organ damage
- Scarring
- Disfigurement
- Nerve issues
- Disability
- Limb loss
- Death
These complications can also lead to astronomical medical bills that can financially hurt the victim and their family. That is why if you suffered harm due to a surgical error, contact an experienced Middletown surgery error attorney as soon as possible. These legal professionals can help you figure out not only the extent of your losses and injuries but also assist you in going after all the money you need.
Who Is Liable For a Surgical Error in Middletown?
There can be various individuals liable for a surgical error.
However, in Middletown, the following parties are most frequently held responsible for these serious mistakes:
- The surgeon operating on the patient
- Other medical staff, such as nurses or other healthcare professionals who made a mistake during the surgery
- Hospitals and other medical facilities where the surgery took place, such as Middlesex Hospital or Midstate Medical Center
However, to better understand who you can hold liable after a surgical error, consider discussing your case with an experienced surgical error attorney at The Flood Law Firm. Our legal professionals can help you figure out which parties were responsible for your harm and help you hold those at fault accountable for the harm and losses you suffered.
Filing a Medical Malpractice Lawsuit Following a Surgical Error in Middletown
To bring a medical malpractice lawsuit following a surgical error, a patient needs to first establish several elements.
They include:
- There was a relationship between the surgeon or healthcare professional and the patient.
- A duty was owed to the patient by the healthcare professional.
- The duty was breached when the healthcare professional deviated from the accepted standard of care.
- The breach by the healthcare professional led to an injury.
- The patient incurred significant damages due to their injuries.
Unfortunately, establishing each of these elements can be incredibly complicated. That is why following a surgical error, if you want to know your legal options, consider contacting an experienced surgical error lawyer as soon as possible. These attorneys can go over the facts of the incident with you, determine if you have a valid legal claim, and obtain the evidence necessary to establish each of these elements.
Financial Damages You Can Pursue Following a Surgical Error
If you suffered harm following a surgical error, you may be entitled to certain types of compensation.
In Middleton, this compensation usually includes payment for:
- Past, present, and future medical bills
- Past physical pain and suffering
- Future physical pain and suffering
- Lost income and business opportunities
- Loss of future income
- Emotional pain and suffering
- Loss of consortium
- Loss of life enjoyment
- Disfigurement and limb loss
- Rehabilitation coverage
- Inconvenience due to the injury
In addition, if your loved one passed away from a surgical error, you and other family members may be entitled to wrongful death damages because of the losses you endured.
These damages include payment for things such as:
- Loss of income
- Loss of enjoyment of activities
- Conscious pain and suffering before the death
- Necessary medical and hospital services
- Any nursing services received
- Reasonable funeral and burial expenses
However, to determine which financial damages may apply to your surgical error claim, contact an experienced surgical error attorney. These lawyers can help you figure out not only what types of damages you may be entitled to, but they can also help you pursue the maximum compensation you deserve.
Contact The Flood Law Firm Today and Learn How Our Legal Team Can Help You Following a Surgical Error in Middletown
If you or a loved one suffered significant injuries due to a surgical error, you may have legal options available to you. Fortunately, you do not have to figure out these options on your own. Instead, you can reach out to an experienced Middletown medical malpractice lawyer at The Flood Law Firm and get the legal help you need.
In fact, once you retain us, our legal team can:
- Review your legal claim thoroughly, determine if surgical mistakes were made, and go over the legal actions you should take next.
- Identify all the parties responsible for the surgical error and hold them answerable for the losses and harm you suffered.
- Make sure the proper steps are taken to bring a medical malpractice legal claim.
- Consult with medical experts to obtain additional support for the case.
- File a Reasonable Inquiry Certification with the court.
- Handle settlement negotiations with the insurer and fight for a fair settlement amount.
- Make sure the appropriate documents are filed before time runs out.
- Take your case to trial if the other side is not willing to take your case seriously, and fight for the maximum compensation you are entitled to.
Surgical errors can forever change your life, leading to debilitating injuries, excruciating pain and suffering, and extensive medical bills. If you suffered because of a surgical error, contact The Flood Law Firm today at (860) 346-2695 to go over your legal options and find out how our legal team can help you fight for your rights.
