A Complete Guide to Surgical Malpractice Lawsuits

Over 15,000 lawsuits are filed annually in the United States due to medical malpractice and at least a third of these are attributed directly to surgical errors. When patients undergo surgery to address a medical issue, they place their trust in the medical professionals overseeing the procedure. While everyone makes mistakes, surgical patients expect safety protocols to minimize or completely prevent medical errors.

Unfortunately, surgical errors can cause permanent damage and sometimes be life threatening. While most surgical errors are accidental, they are still devastating. Surgical malpractice attorneys represent victims of surgical malpractice to help hold the medical staff responsible for their serious injuries or illnesses. Here’s what you need to know about filing suit with surgical malpractice attorneys.

What is surgical malpractice?

Almost any surgical error that causes harm can constitute surgical malpractice, so it can take many forms. Medical professionals are trained to take specific crucial steps before, during, and after surgeries to minimize patient risk. While accidents do happen, medical staff can sometimes cut corners or behave carelessly putting patients in harm’s way.

When the surgical staff deviates from the accepted standard of care, the results can be devastating and permanent, sometimes even lethal. Surgical malpractice attorneys represent those patients who have fallen prey to serious injury or illness due to the negligence or wrongdoing of surgical staff. They help victims recover compensation to pay for ongoing medical care, lost wages, loss of consortium, disfigurement, and more.

Common Causes of Surgical Malpractice

Each surgical patient and procedure is unique, requiring a specific surgical plan and aftercare. Surgeons and medical staff are required to consult with patients, take critical notes and measurements, mark and clean the surgical site, and provide adequate follow-up care after the procedure. Unfortunately, critical steps are sometimes missed causing harm to the surgical patient. Some of the most common causes of surgical malpractice include:

• Lack of Communication
• Surgical Team Fatigue
• Individual Carelessness
• Defective Equipment
• Drug or Alcohol Use

Surgical malpractice cases can be complex. Surgical malpractice attorneys must prove that the surgeon or surgical staff deviated from the accepted standard of care and that deviation directly caused serious harm or illness to the patient.

Statute of Limitations

Most surgical malpractice lawsuits must be filed within a certain period of time, called a statute of limitations. Every state is different and has its own statute of limitations regarding surgical malpractice lawsuits.

For instance, in California surgical malpractice victims must file suit within 1 year of discovering the injury or within 3 years of the injury occurring. In New Jersey the statute of limitations is 2 years. If you feel you’ve been the victim of surgical malpractice, you should consult with surgical malpractice attorneys immediately and consider filing suit as soon as possible.

Partner with Skilled Surgical Malpractice Attorneys

Experienced surgical malpractice attorneys represent victims who have suffered serious illness or injury resulting from surgical malpractice. Unfortunately, surgical malpractice can permanently alter the course of someone’s life with devastating effects. If you or a loved one have been the victim of surgical malpractice, consider partnering with surgical malpractice attorneys who can represent your interests and fight for your rights.

You may be able to recover compensation for your injuries while holding the careless surgical staff accountable for their actions. No amount of money can make up for the harm you’ve suffered but it can help you get adequate medical care for your injuries and finally move on with your life in a positive fashion.

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