A surgical, simply defined as any type of medical process involving incisions on tissue; all surgeries involve some element of risk due to this fact which makes understanding what may happen before treatment, an error is a preventable mistake made by surgeons that can have serious consequences for the patient involved as there are so many ways to make mistakes during surgery. For example, if you undergo an operation where your surgeon sews up part of your intestine in place of another organ and doesn't realize their mistake until after they're finished with the procedure, it might cause major complications down the line or even death from internal bleeding. Even with today's advanced medical care aided with technology, there's also always room for human error as there are some medical feats and tasks that only a medical professional can accomplish such as reading findings and laboratory results, surgeries that doesn't requires technology's accuracy and applying medicine and treatment to surface of human body.
There are so many ways to make mistakes during surgery, but not all medical errors constitute malpractice. Malpractice is defined by the failure to follow appropriate standards of care and the proximate cause for harm from that error, not merely an accidental mistake or a faulty procedure. If you are unaffected in any way by your surgical procedures, then it would not be called malpractice because surgeons must maintain high levels of skillful practice under pressure when they choose this career path. And it would be a surprise to commit such mistake given that someone's life is at stake, but when they do, it would cause damage for both patient and surgeon's end.
What constituting events on a surgery for a Medical Malpractice?
Injury sustained in surgery resulted in significant damages; for a case to be viable, the patient must show that their extensive injuries were caused by an individual's negligence during treatment. If someone has minor damage as a result from careless actions or decisions made with the best intentions for comfort; they may not want to spend thousands on legal fees when it doesn't make sense financially. Medical malpractice and personal injury lawsuits are actually free to litigate, despite frequently requiring testimony of numerous medical experts and countless hours of deposition testimony, lawyers are paid as soon as compensation pay is released to the plaintiff.
These lacking aspects and actions can result to adverse consequences to both, especially to the patient as they are already in an unfavorable health and financial condition. Surgical errors can as well cause further permanent problems such as paralysis, brain injury, and other serious and life-changing complications including death on some rare cases.
Millions of people undergo surgery each year, but it is not always successful. There are at least 4000 surgical errors from 200 million surgeries happened that occurs in the United States annually and one common cause for this error can be operating on an incorrect body part. Study shows that majority of these surgical errors are accounted to robotic surgery that has shown to lead to higher rates of accidental hemorrhage due to lacerations or injury from surrounding tissues according to National Center for Biotechnology Information (NCBI).
Errors are mistakes that have the potential to be prevented. The surgeon is held responsible for a mistake if they acted as reasonably prudent surgeons would act and then an unforeseen complication arises during surgery, even though it cannot be avoided. Medical malpractice lawsuits do not entitle patients with illnesses or injuries caused by errors because of this law on negligence in surgical procedures, but if elements that constitutes medical malpractice are present, then a patient's case is viable for filing a medical malpractice claim.
Who should patients/victims call?
With Cleveland medical malpractice law firm Ryan LLP on your side you can rest easy knowing that someone is watching out for the most important people in your life: You and Your Family. Medical errors are unfortunately common place but with a team of attorneys to protect them at all costs; we assure our clients they will be covered so no matter what happens it won’t cost them anything more than peace-of-mind.
Ryan LLP is a personal injury law firm that deals with medical malpractice and personal injuries, representing their clients' concerns for competence and commitment. With 40 years of experience in the state as one of the best injured lawyers, they have gained formidable reputation to be trusted by those seeking justice. Call our office now for free legal assistance and assessment.