Surgical Errors

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ROB LEVINE, MEDICAL MALPRACTICE LAWYER

VICTIM OF A SURGICAL ERROR? GET AN ATTORNEY

Surgery always presents risks for the patient, no matter how minor the procedure. Most of the time, patients can go through preparation, surgery, and recovery without any serious issue. There are many times, however, when a surgical error will cause lasting harm to a patient.

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CONSIDERING WHAT MAY HAVE CAUSED THE SURGICAL ERROR

During the operation, there are several ways when a doctor may cause damage to the patient. Many of these variables are dependent on the exact surgical procedure. Nerve damage can be caused by incorrect administration of anesthesia or by a doctor’s physical error. Other internal organs can be damaged if the surgeon accidentally cuts or punctures them.

Infections are one of the most common claims in medical malpractice lawsuits. The doctors and surgeons in the operating room should be cleaning their instruments to avoid cross-contamination. If a patient has been operated on with infected instruments, they are being exposed to possible diseases. Surgeons can occasionally leave their instruments in the patient’s body, which pose serious risks for infection or other conditions.

Surgical error claims require the standard characteristics of a medical malpractice case. To sue the hospital responsible for an injury, you must complete these steps.

WHEN DOES THIS HAPPEN?

Miscommunication in the hospital and within doctors in the operating room result in dire consequences. This may take the form of a procedure performed on the wrong part of the body, like the amputation of the wrong limb or the removal of a different organ. Similarly, but not as common, surgical procedures could be performed on the wrong patient. The risks of the unnecessary surgery can have results that negatively impact the life of the patient.

FAQs About Your

Medical Malpractice Case

How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.    
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.  
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
  • Access information regarding your case that is accurate, easy to understand, and in your language.
  • Access any assistance you may need to understand your medical information.
  • Be involved in decisions regarding your medical treatment.
  • Receive respectful care from any medical professional.
  • Confidentiality regarding your medical care and treatments.
  • Read and copy your medical records to ensure accuracy.
  • File a complaint against any medical staff who treats you.
All FAQs
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