When a person undergoes any form of surgery, the procedure will always be a serious matter. While surgical errors can occur as a result of any surgery, errors do not always imply that a medical malpractice occurred. This article will highlight the necessary factors required to determine if medical malpractice has occurred in a surgical error. Although this is a general overview, consider seeking the legal expertise of a medical malpractice attorney.
If you have reason to believe that some form of medical malpractice occurred while undergoing a surgical procedure, you have every legal right to file a claim against the surgeon. Consult with a specialized attorney who can help you build a case against the surgeon. With a successful medical malpractice claim, you can obtain financial compensation that can help you in the process of recovering from the surgical error.
Identifying Medical Malpractice
As previously mentioned, while a surgical error could have taken place in your procedure, this does not entail that your surgeon, or any other medical staff for that matter, is responsible for the injuries resulting from the error. In order for a medical malpractice case to be present, the mistake will need to fall below what is known as the medical standard of care.
Under California law, a medical standard of care refers to the level of care an ordinary medical professional would provide under similar circumstances, with similar training, and in the same type of community.
Identifying Factors of a Surgical Error
Under simple terms, a surgical error is an unnecessary and avoidable mistake made during a surgery procedure. It is worth noting that every surgery will involve some form of risk. For this reason, it is customary for all patients to sign an informed consent form which highlights the involved risks. When a surgical error occurs, the error goes beyond what the known risks are; ultimately making the errors unexpected.
Contributing Factors to Surgical Errors
Although all medical procedures have a standard of procedure, no two procedures will be the same. When a surgical error occurs, it is also likely that the error will have some form of uniqueness to it. In spite of that, there are common contributing factors that can result in surgical procedures. This can include the following:
Medical Incompetence
When medical incompetence occurs, it is likely that any member of the medical staff involved in the procedure did not have the necessary experience to perform the surgery effectively.
Insufficient Planning
It is vital for all surgeons and medical staff to be prepared before a surgery. Effective methods of preparation can involve reviewing the patient’s medical records as well as preparing for potential complications.
Lack of Communication
Communication is a key component to a successful surgery. Surgical errors can quickly result if the wrong information is documented or received, which could be detrimental to any patient.
You Have the Legal Right to Seek Compensation
The aftermath of a surgical error can have serious consequences for any victim. Unfortunately, the consequences of a surgical error can also affect the victim’s entire family. This is particularly true if the victim suffers lifelong medical consequences resulting from the surgical error. Surgical errors can be costly and can result in lifelong psychological traumas.
If you or someone you know has suffered as a result of a surgical error, speak to a qualified attorney who will help you determine if the error was the result of medical negligence.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are dedicated to representing the rights of medical malpractice victims. Medical malpractice cases in the State of California are time sensitive; obtain proficient legal counsel as soon as possible.
